Section 7-5-1 Statutory Authorization

The Legislature of the State of Arizona has enabled the Town of Superior to adopt regulations in conformance with A.R.S. §48-3601 et. seq. which are designed to promote the public health, safety, and general welfare of its citizenry. The provisions of this Chapter are intended to assist Pinal County in carrying out the obligations of the County Flood Control District as provided in

A.R.S. 48-3601 et. seq. Nothing contained in this Chapter shall be construed as an assumption of said County’s Floodplain Management obligation.

Section 7-5-2 Finding of Fact

1. The flood hazard areas of Superior are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
2. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, cause damage in other areas. Uses that are inadequately flood proofed, elevated or otherwise protected from flood damage also contribute to the flood

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loss.

Section 7-5-3 Statement of Purpose

It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

1. To protect human life and health;
2. To minimize expenditure of public money for costly flood control projects;
3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
4. To minimize prolonged business interruptions;
5. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
6. To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;
7. To insure that potential buyers are notified that property is in an area of special flood hazard;
8. To insure that those who occupy the areas of special flood hazard assume responsibility for their actions; and
9. To maintain eligibility for disaster relief.

Section 7-5-4 Methods of Reducing Flood Losses

In order to accomplish its purposes, this chapter includes methods and provisions for:

1. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
2. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
3. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
4. Controlling filling, grading, dredging, and other development which may increase flood damage; and
5. Preventing or regulating the construction of flood barriers which will unnaturally

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divert flood waters or which may increase flood hazards in other areas.

Section 7-5-6 Definitions

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

1. Accessory Use: Means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.
2. Alluvial fan flooding: Means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and, unpredictable flow paths
3. Apex: Means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
4. Appeal: Means a request for a review of the Floodplain Administrator's interpretation of any provision of this chapter or a request for a variance.
5. Area of shallow flooding: Means a designated AO, AH, or VO zone on a community’s Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
6. Area of special flood hazard: Means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. These areas are designated as Zone A, AO, AH, and A1-30 on the FIRM and other areas determined by the criteria adopted by the Director of Water Resources.
7. Backfill: Means the placement of fill material within a specified depression, hole or excavation pit below the surrounding adjacent ground level as a means of improving flood water conveyance or to restore the land to the natural contours existing prior to excavation.
8. Base flood: Means the flood having a one percent chance of being equaled or exceeded in any given year.
9. Basement: Means any area of the building having its floor subgrade (below ground level) on all sides.
10. Breakaway Wall: Means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building supporting foundation system.
11. Chief Executive Officer: Of the community ("CEO") means the official of the community who is charged with the authority to implement and administer laws, chapters and

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regulations for that community.

1. Community: Means any state or area or political subdivision thereof, or any Indian tribe or authorized tribal organization, or authorized native organization which has authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction.
2. Critical Feature: Means an integral and readily identifiable part of a flood protection system without which the flood protection provided by the entire system would be compromised.
3. Development: Means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, and storage of materials and equipment located within the area of special flood hazard.
4. Encroachment: Means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.
5. Erosion: Means the process of the gradual wearing away of land masses. This peril is not per se covered under the Program. (See Flood-related erosion.)
6. Existing manufactured home park or subdivision: Means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete slabs) is completed before the effective date of the floodplain management regulations adopted by the community.
7. Expansion to an existing manufactured home park or subdivision: Means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
8. Financial assistance: Means any form of loan, grant, guaranty, insurance, payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance, other than general or special revenue sharing or formula grants made to States.
9. Flood or flooding: Means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of flood waters, (2) the unusual and rapid accumulation or runoff of surface waters from any source, and/or (3) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition.
10. Flood Boundary and Floodway Map (FBFM): Means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has

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delineated by the areas of special flood hazards and the floodway.

1. Flood Hazard Boundary Map (FHBM): Means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards.
2. Flood Insurance Rate Map (FIRM): Means the most recent official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
3. Flood Insurance Study: Means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
4. Floodplain or flood-prone area: Means any land area susceptible to being inundated by water from any source -see “flooding”.
5. Floodplain administrator: Is the individual appointed to administer and enforce the floodplain management regulations within the Town of Superior.
6. Floodplain Board: Means the Board of Directors of the Flood Control District of Pinal County at such times as they are engaged in the enforcement of this chapter.
1. Floodplain Board: Means the Town Council of Superior at such times as they are engaged in the enforcement of this chapter after adoption of a resolution as provided in
2. A.R.S. §48-3601 et. seq.
7. Floodplain management: Means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.
8. Floodplain Management Regulations: Means this chapter and other zoning chapters, subdivision regulations, building Codes, health regulations, special purpose chapters (such as grading and erosion control) and other applications of police power which control development in flood-prone areas. This term describes federal, state, or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.
9. Flood protection system: Means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.
10. Flood proofing: Means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
11. Flood-related erosion: Means the collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood, or by some similarly unusual and unforeseeable event which results in flooding.
12. Flood-related erosion area management: Means the operation of an overall program of corrective and preventive measures for reducing flood-related erosion damage, including, but not limited to, emergency preparedness plans, flood-related erosion control works, and floodplain management regulations.
13. Floodway: Means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Also referred to

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as “Regulatory Floodway”.

1. Floodway fringe: Is that area of the floodplain on either side of the “Regulatory Floodway” where encroachment may be permitted.
2. Freeboard: Means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.
3. Functionally dependent use: Means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
4. Governing body: Is the local governing unit, i.e. county or municipality, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.
5. Hardship: As related to Variances, means the exceptional hardship that would result from a failure to grant the requested variance. The governing body requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one’s neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
6. Highest adjacent grade : Means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
7. Historic Structure: Means any structure that is:

A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the

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Interior as meeting the requirements for individual listing on the National Register.

B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.

C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either;

i. By an approved state program as determined by the Secretary of the Interior, or

ii. Directly by the Secretary of the Interior in states without approved programs.

1. Levee: Means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.
2. Levee System: Means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.
3. Lowest floor: Means the lowest floor of the lowest enclosed area including basement

(see “Basement” definition). An unfinished or flood resistant enclosure, usable solely for

parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter.

1. Manufactured home: Means a structure, transportable in one or more Sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle".
2. Manufactured home park or subdivision: Means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.
3. Market Value: Shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry. The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain administrator, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost

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estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences.

1. Mean sea level: Means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
2. Mudslide: (i.e., mudflow) describes a condition where there is a river, flow or inundation of liquid mud down a hillside usually as a result of a dual condition of loss of brush cover, and the subsequent accumulation of water on the ground preceded by a period of unusually heavy or sustained rain. A mudslide (i.e., mudflow) may occur as a distinct phenomenon while a landslide is in progress, and will be recognized as such by the Administrator only if the mudflow, and not the landslide, is the proximate cause of damage that occurs.
3. Mudslide (i.e., mudflow) area management: Means the operation of an overall program of corrective and preventive measures for reducing mudslide (i.e., mudflow) damage, including, but not limited to, emergency preparedness plans, mudslide control works, and floodplain management regulations.
4. Mudslide (i.e., mudflow) prone area: Means an area with land surfaces and slopes of unconsolidated material where the history, geology and climate indicate a potential for mudflow.
5. New construction: Means, for the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
6. New manufactured home park or subdivision: Means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the community.
7. Obstruction: Includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation, or other material in, along, across, or projecting into any watercourse which may alter, impede, retard or change the direction and/or veloTown of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.
8. One hundred year flood: Means the flood having a one percent chance of being equaled

or exceeded in any given year (see “Base flood”).

57. Person: Means an individual or his agent, firm, partnership, association or corporation,

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or agent of the aforementioned groups, or this state or its agencies or political subdivisions.

58. Program: Means the National Flood Insurance Program authorized by 42 U.S.C. 4001

478.

1. Program deficiency: Means a defect in a community's floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations or of the NFIP standards.
2. Recreational vehicle: Means a vehicle which is:

A. built on a single chassis;

B. 400 square feet or less when measured at the largest horizontal projection;

C. designed to be self-propelled or permanently towable by a light duty truck; and

D. designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel or seasonal use.

1. Regulatory flood elevation: Means an elevation one foot above the base flood elevation for a watercourse for which the base flood elevation has been determined and shall be as determined by the criteria developed by the director of water resources for all other watercourses.
2. Regulatory floodway: Means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
3. Remedy a violation: Means to bring the structure or other development into compliance with State or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the chapter or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development.
4. Repetitive Loss Structure: Means a structure, covered by a contract for flood insurance issued pursuant to the National Flood Insurance Act, that has incurred flood-related damage on two occasions during any 10-year period ending on the date of the event for which a second claim is made, in which the cost of repairing the flood damage, on average, equaled or exceeded 25% of the market value of the structure at the time of each such flood event.
5. Riverine: Means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
6. Sheet flow area: -see “Area of shallow flooding”.
7. Special flood hazard area: Means an area having special flood or flood-related erosion hazards, and shown on a FHBM or FIRM as Zone A, AO, A1-30, AE, A99 or AH.
8. Start of Construction: Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
9. Structure: Means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
10. Substantial damage: Means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
1. Substantial improvement: Means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred substantial damage", regardless of the actual repair work performed. The term does not, however, include either:
2. A. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety Code specifications which have been identified by the local Code enforcement official and which are the minimum necessary to assure safe living conditions or
3. B. Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure".
11. Variance: Means a grant of relief from the requirements of this chapter which is warranted by special circumstances as required by this Chapter and permits construction in a manner that would otherwise be prohibited by this chapter.
12. Violation: Means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.
13. Water surface elevation: Means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of riverine areas.
14. Watercourse: Means a lake, river, creek, stream, wash, arroyo, channel or other

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topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

76. Watercourse master plan: Means a hydraulic plan for a watercourse that examines the cumulative impacts of existing development and future encroachment in the floodplain and future development in the watershed on potential flood damages, and establishes technical criteria for subsequent development so as to minimize potential flood damages for all flood events up to and including the one hundred-year flood.

Section 7-5-7 Lands to which this Article Applies

This chapter shall apply to all areas of special flood hazards within the corporate limits of the Town of Superior.

Section 7-5-8 Basis for Establishing the Areas of Special Flood Hazard

The area of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in a scientific and engineering report entitled "The Flood Insurance Study for Town of Superior dated November 1979 with accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFM), dated May 1, 1980 and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. The Flood Insurance Study is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the Floodplain Board by the Floodplain Administrator. The Board, within its area of jurisdiction shall delineate (or may by rule require developers of land to delineate) for areas where development is ongoing or imminent, and thereafter as development becomes imminent, floodplains consistent with the criteria developed by the Federal Emergency Management Agency and the Director of Water Resources. The Flood Insurance Study, FIRMs and FBFM are on file at Town Hall, 150 N. Pine Street, Department of Planning.

Section 7-5-9 Compliance

All development of land, construction of residential, commercial or industrial structures or future development within delineated floodplain areas is subject to the terms of this chapter and other applicable regulations.

Section 7-5-10 Abrogation and Greater Restrictions

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another chapter, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

Section 7-5-11 Interpretation

In the interpretation and application of this chapter, all provisions shall be:

1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and,
3. Deemed neither to limit nor repeal any other powers granted under state statutes.

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Section 7-5-7 Warning and Disclaimer of Liability

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Town of Superior, any officer or employee thereof, the State of Arizona, the Federal Insurance Administration, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

Section 7-5-13 Statutory Exemptions

1. In accordance with A.R.S. §48-3609 (H), unless expressly provided, this and any regulation adopted pursuant to this Article do not affect:

A. Existing legal uses of property or the right to continuation of such legal use. However, if a nonconforming use of land or a building or structure is discontinued for twelve months or destroyed to the extent of fifty per cent of its value, as determined by a competent appraiser, any further use shall comply with this Article and Town Code.

B. Reasonable repair or alteration of property for the purposes for which the property was legally used on August 3, 1984, or any regulations affecting such property takes effect, except that any alteration, addition or repair to a nonconforming building or structure which would result in increasing its flood damage potential by fifty percent or more shall be either flood proofed or elevated to or above the regulatory flood elevation.

C. Reasonable repair of structures constructed with the written authorization required by A.R.S. §48-3613

D. Facilities constructed or installed pursuant to a certificate of environmental compatibility issued pursuant to title 40, chapter 2, Article

6.2 of Arizona Revised Statutes.

2. In accordance with A.R.S. §48-3613, written authorization shall not be required, nor shall the Floodplain Board prohibit:

A. The construction of bridges, culverts, dikes and other structures necessary to the construction of public highways, roads and streets intersecting or crossing a watercourse.

B. The construction of storage dams for watering livestock or wildlife, structures on banks of a watercourse to prevent erosion of or damage to

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adjoining land if the structure will not divert, retard or obstruct the natural channel of the watercourse or dams for the conservation of floodwaters as permitted by title 45, chapter 6 of Arizona Revised Statute.

C. Construction of tailing dams and waste disposal areas for use in connection with mining and metallurgical operations. This paragraph does not exempt those sand and gravel operations which will divert, retard or obstruct the flow of waters in any watercourse from complying with and acquiring authorization from the board pursuant to regulations adopted by the board under this Article.

D. Other construction if it is determined by the board that written authorization is unnecessary.

E. Any flood control district, county, Town, town, or other political subdivision from exercising powers granted to it under this Article.

F. The construction of streams, waterways, lakes and other auxiliary facilities in conjunction with development of public parks and recreation facilities by a public agency or political subdivision.

G. The construction and erection of poles, towers, foundations, support structures, guy wires, and other facilities related to power transmission as constructed by any utility whether a public service corporation or a political subdivision.

1. Before any construction authorized by Subsection B of this Section may begin, the responsible person must submit plans for the construction to the Board for review and comment.
2. In addition to other penalties or remedies otherwise provided by law, this state, a political subdivision or a person who may be damaged or has been damaged as a result of the unauthorized diversion, retardation or obstruction of a watercourse has the right to commence, maintain and prosecute any appropriate action or pursue any remedy to enjoin, abate or otherwise prevent any person from violating or continuing to violate this Section or regulations adopted pursuant to this Article. If a person is found to be in violation of this Section, the court shall require the violator to either comply with this Section if authorized by the board or remove the obstruction and restore the watercourse to its original state. The court may also award such monetary damages as are appropriate to the injured parties resulting from the violation including reasonable costs and attorney fees.

Section 7-5-14 Declaration of Public Nuisance

Every new structure, building, fill, excavation or development located or maintained within any area of special flood hazard after August 8, 1973, in violation of this chapter is a public nuisance per se and may be abated, prevented or restrained by action of Pinal County or the Town of Superior.

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Section 7-5-15 Abatement of Violations

Within thirty (30) days of discovery of a violation of this chapter, the Floodplain Administrator shall submit a report to the Floodplain Board which shall include all information available to the Floodplain Administrator which is pertinent to said violation. Within thirty (30) days of receipt of this report, the Floodplain Board shall either:

1. Take any necessary action to effect the abatement of such violation; or
2. Issue a variance to this chapter in accordance with the provisions of this Chapter; or
3. Order the owner of the property upon which the violation exists to provide whatever additional information may be required for their determination. Such information must be provided to the Floodplain Administrator within 30 days of such order, and he shall submit an amended report to the Floodplain Board within 20 days. At their next regularly scheduled public meeting, the Floodplain Board shall either order the abatement of said violation or they shall grant a variance in accordance with the provisions of this Chapter; or
4. Submit to the Administrator of Federal Insurance Administration a declaration for denial of insurance, stating that the property is in violation of a cited state or local law, regulation or chapter, pursuant to Section 1316 of the National Flood Insurance Act of 1968 as amended.

Section 7-5-16 Unlawful Acts

1. It is unlawful for any person to divert, retard or obstruct the flow of waters in any watercourse whenever it creates a hazard to life or property without securing the written authorization of the Floodplain Board. Where the watercourse is a delineated floodplain, it is unlawful to excavate or build any structure affecting the flow of waters without securing written authorization of the Floodplain Board.
2. Any person violating the provisions of this Section shall be guilty of a civil violation, each day a violation continues shall be considered a separate offense.

Section 7-5-17 Establishment of Development Permit

A Development Permit shall be obtained before construction or development, including placement of manufactured homes, within any area of special flood hazard established by the provisions of § 7-5-7. Application for a Development Permit shall be made on forms furnished by the Floodplain Administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

1. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; in Zone AO, elevation of existing highest adjacent natural grade and proposed elevation of lowest floor of all structures.
2. Proposed elevation in relation to mean sea level to which any non-residential structure will be flood proofed;
3. Certification by a registered professional engineer or architect that the Flood proofing methods for any nonresidential structure meet the Flood proofing criteria in Section 7-5-29; and,
4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

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Section 7-5-18 Designation of the Floodplain Administrator

The Planning/Zoning Administrator, and Town Engineer are hereby appointed to administer, implement, and enforce this chapter by granting or denying development permits in accordance with its provisions. However, nothing contained herein shall be construed as a Town assumption of Pinal County’s obligations for Flood Control pursuant to A.R.S. §48-3601 et. seq.

Section 7-5-19 Duties and Responsibilities of the Floodplain Administrator

Duties of the Floodplain Administrator shall include, but not be limited to:

1. Review all development permits to determine that:

A. The permit requirements of this chapter have been satisfied;

B. All other required state and federal permits have been obtained;

C. The site is reasonably safe from flooding.

D. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will increase the water surface elevation of the base flood more than one foot at any point.

1. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 7-5-7, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation data available from a federal, state or other source, in order to administer this Article. Any such information shall be consistent with the requirements of the Federal Emergency Management Agency and the Director of Water Resources and shall be submitted to the Floodplain Board for adoption.
1. Obtain and maintain for public inspection and make available as needed for Flood Insurance Policies or effecting Increased Cost of Construction Coverage for repetitive loss structures:
2. A. the certified elevation required in this Article;
3. B. the certification required in this Article;
4. C. the Flood proofing certification required in this Article; and
5. D. the certified elevation required in this Article.
6. E. Permit records for repair of flood-related damage to structures on a cumulative basis over the life of the structure.
1. Whenever a watercourse is to be altered or relocated:
2. A. Notify adjacent communities and the Arizona Department of Water Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration through appropriate notification means;
3. B. Require that the flood carrying capaTown of the altered or relocated portion of said watercourse is maintained.
2. Within one hundred twenty days after completion of construction of any flood control protective works which changes the rate of flow during the flood or the configuration of the floodplain upstream or downstream from or adjacent to the project, the person or agency responsible for installation of the project shall provide to the governing bodies of all jurisdictions affected by the project a new delineation of all floodplains affected by the project. The new delineation shall be done according to the criteria adopted by the Director of Water Resources.
3. Advise the Flood Control District of Pinal County and any adjunct jurisdiction having responsibility for floodplain management in writing and provide a copy of development plan of all applications for floodplain use permits or variances to develop land in a floodplain or floodway within one mile of the corporate limits of the Town of Superior. Also, advise the Flood Control District of Pinal County in writing and provide a copy of any development plan of any major development proposed within a floodplain or floodway which could affect floodplains, floodways or watercourses within the District's area of jurisdiction. Written notice and a copy of the plan of development shall be sent to the District no later than three working days after having been received by the Town of Superior.
4. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this Article.
5. Take actions on violations of this chapter as required in Section 7-5-14 herein.
6. Notify the Administrator and director of water resources of acquisition by means of annexation, incorporation, or otherwise, of additional areas of jurisdiction.

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Section 7-5-20 Standards of Construction

In all areas of special flood hazards the following standards are required:

1. Anchoring

A. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

B. All manufactured homes shall meet the anchoring standards of Section 75-23 (B).

2. Construction Materials and Methods

A. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

B. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

C. All new construction, substantial improvement and other proposed new development shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

D. Require within Zones AH or AO that adequate drainage paths around structures on slopes guide flood waters around and away from proposed or existing structures.

3. Elevation and Flood proofing

A. New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated to or above the regulatory flood elevation. Nonresidential structures may meet the standards in Section 7-5-1 (C) (3). Upon the completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator.

B. New construction and substantial improvement of any structure in Zone AO shall have the lowest floor, including basement, higher than the highest adjacent grade at least one foot higher than the depth number on the FIRM, or at least two feet if no depth number is specified. Nonresidential structures may meet the standards in Section 7-5-1 (C). Upon completion of the structure a registered professional engineer shall certify to the Floodplain Administrator that the elevation of the structure meets this standard.

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C. Nonresidential construction shall either be elevated in conformance with Section 7-5-1 (C) (1 or 2) or together with attendant utility and sanitary facilities:

i. be flood proofed so that below the regulatory flood level the structure is watertight with walls substantially impermeable to the passage of water;

ii. have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

iii. be certified by a registered professional engineer or architect that the standards of this Subsection are satisfied. Such certifications shall be provided to the Floodplain Administrator.

D. Require, for all new construction and substantial improvements of nonresidential structures, that fully enclosed areas below the lowest floor that are useable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect to meet or exceed the following minimum criteria:

i. A minimum of two openings have a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

ii. The bottom of all openings shall be no higher than one foot above grade.

iii. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

E. Manufactured homes shall meet the above standards and also the standards in Section 7-5-5.

Section 7-5-21 Standards for Storage of Materials and Equipment

1. The storage or processing of materials that are, in time of flooding, buoyant, flammable, explosive, or could be injurious to human, animal or plant life is prohibited.
2. Storage of other material or equipment may be allowed if not subject to major damage by floods, and if firmly anchored to prevent flotation, or if readily removable from the area within the time available after flood warning.

Section 7-5-22 Standards for Utilities

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1. All new or replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters.
2. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
3. Waste disposal systems shall not be installed in a regulatory floodway.

Section 7-5-23 Standards for Subdivisions

1. All preliminary subdivision proposals shall identify the special flood hazard area and the elevation of the base flood.
2. All final subdivision plans will provide the elevation(s) of proposed structure(s) and pads. If the site is filled above the base flood, the final lowest floor and pad elevation shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator.
3. All subdivision proposals shall be consistent with the need to minimize flood damage.
4. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
5. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.

Section 7-5-24 Standards for Manufactured Homes

All manufactured homes that are placed or substantially improved shall:

1. Be elevated so that the bottom of the structural frame or the lowest point of any attached appliances, whichever is lower, is at or above the regulatory flood elevation; and
2. Be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and Local anchoring requirements for resisting wind forces.

Section 7-5-25 Standards for Recreational Vehicles

All recreational vehicles placed on site will either:

1. Be on site for fewer than 180 consecutive days, and be fully licensed and ready for highway use -a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions, or
2. Meet the permit requirements of Section 7-9-1 of this chapter and the elevation and anchoring requirements for manufactured homes in Section 7-5-23.

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Section 7-5-26 Floodways

Located within areas of special flood hazard established in Section 7-5-7 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the veloTown of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

1. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
2. If Sections 7-5-7 is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of Section 7-5-23.

Section 7-5-27 Flood Related Erosion-prone Area

1. The Floodplain Administrator shall require permits for proposed construction and other development within all flood-related erosion-prone areas as known to the community.
2. Permit applications shall be reviewed to determine whether the proposed site alterations and improvements will be reasonably safe from flood-related erosion and will not cause flood-related erosion hazards or otherwise aggravate the existing hazard.
3. If a proposed development is found to be in the path of flood-related erosion or would increase the erosion hazard, such improvements shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard.
4. Within Zone E on the Flood Insurance Rate Map, a setback is required for all new development from the lake, bay, riverfront or other body of water to create a safety buffer consisting of a natural vegetative or contour strip. This buffer shall be designated according to the flood-related erosion hazard and erosion rate, in relation to the anticipated useful life of structures, and depending upon the geologic, hydrologic, topographic, and climatic characteristics of the land. The buffer may be used for suitable open space purposes, such as for agricultural, forestry, outdoor recreation and wildlife habitat areas, and for other activities using temporary and portable structures only.

Section 7-5-28 Nature of Variances

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The variance criteria set forth in this Section of the chapter are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

It is the duty of the Town of Superior and Pinal County to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below the regulatory flood elevation are so serious that variances from the flood elevation or from other requirements in the flood chapter are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must by met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

Section 7-5-29 Appeal Board

1. The Floodplain Board of Pinal County Flood Control District shall hear and decide appeals and requests for variances from the requirements of this chapter.
2. The Floodplain Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this chapter.
1. In passing upon such applications, the Floodplain Board shall consider all technical evaluations, all relevant factors, standards specified in other Sections of this chapter, and:
2. A. The danger that materials may be swept onto other lands to the injury of others;
3. B. The danger of life and property due to flooding or erosion damage;
4. C. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
5. D. The importance of the services provided by the proposed facility to the community;
6. E. The necessity to the facility of a waterfront location, where applicable;
7. F. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
8. G. The compatibility of the proposed use with existing and anticipated development;
9. H. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
10. I. The safety of access to the property in time of flood for ordinary and emergency vehicles;
11. J. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and,
12. K. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.
3. Upon consideration of the factors of Subsection (C) of this Section and the purposes of this chapter, the Floodplain Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
4. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:

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A. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance coverage, and

B. Such construction below the base flood level increases risks to life and property.

Such notification shall be maintained with a record of all variance actions under this chapter. Such notice will also state that the land upon which the variance is granted shall be ineligible for exchange of land pursuant to any flood relocation and land exchange program. A copy of the notice shall be recorded by the Floodplain Board in the office of the Pinal County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

6. The Floodplain Administrator shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.

Section 7-5-30 Conditions for Variances

1. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the procedures of this chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
2. Variances may be issued for the repair, rehabilitation or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic

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Places, upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

1. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
2. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
3. Variances shall only be issued upon:

A. A showing of good and sufficient cause;

B. A determination that failure to grant the variance would result in exceptional hardship to the applicant;

C. A showing that the use cannot perform its intended purpose unless it is located or carried out in close proximity to water. This includes only

facilities defined in this chapter in the definition of “Functionally Dependent Use”; and

D. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of, the public, or conflict with existing local laws or chapters.

ARTICLE 7-6 DRILLING AND GEOPHYSICAL SURVEYS

Section	7-6-1	Application of Article
Section	7-6-2	Permit Required
Section	7-6-3	Permit Application
Section	7-6-4	Issuance of Permit
Section	7-6-4	Business License Required
Section	7-6-5	Violations -Penalty

Section 7-6-1 Application of Article

This Article shall apply to any drilling operation conducted from or upon the surface of any drill site within the boundaries of the Town and to any geophysical survey, including induced polarization and seismic surveys requiring the stringing of lines along or stationing of equipment upon the surface within the boundaries of the Town. A permit for any such drilling operation shall carry with it the right to conduct associated testing, logging, sealing, casing, plugging, perforating, sampling, and any other operation conducted in connection with the drilling operation.

Section 7-6-2 Permit Required

No person, partnership, association of persons, or corporation shall conduct any survey or

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drilling operation as specified in this Article unless a valid unexpired permit, issued in accordance with the terms and provisions of this Article, has been obtained.

Section 7-6-3 Permit Application

A. Each application for such permit shall be accompanied by an application filing fee in the sum of not less than one hundred (100) dollars which shall not be refundable. The fee shall be established by resolution of the Mayor and Council.

B. The application shall contain the following:

1. The name and address of the applicant.
2. A description of the location of the proposed site together with a map or plat showing where the proposed work will be performed.
3. The estimated time required for completion of the activity.
4. In the event the operations under the permit require the use of public roads, streets or highways, the application shall contain a description of the location of such roads, streets and highways and a description of the manner of such use and the date and hours during which such use is contemplated.
5. The hours during which the permitted operations are to be conducted.
6. If the permittee intends to have the work contracted, the names and addresses of any such contractors.

C. The application shall be accompanied by the following:

1. A certificate evidencing that permittee has obtained liability and property damage insurance naming the Town, its officers and employees as additional insured, and in the amount of not less than three hundred thousand ($300,000.00) dollars per accident.
2. In the event the operations under the permit require the use or public roads, streets or highways, the application shall contain the evidence of approval by the Public Works Director of the Town for use of public roads and streets, and approval of the Arizona Highway Department when such operations include use of a state highway.
3. An agreement whereunder the permittee agrees to indemnify and hold the Town and each officer and employee thereof harmless from liability for operations conducted by permittee or its contractors, including a covenant to defend.
4. Permittee's statement that any requisite permissions have been obtained from the owners of any private property upon which such permitted operations are to be conducted or a statement that permittee possesses the legal right to conduct such operation upon such property.
5. In the case operations are to be conducted upon any public road or street, an

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agreement approved by the Public Works Director whereunder permittee agrees to repair or replace any damage to property of the Town, accompanied by a bond or other surety acceptable to the Town Attorney in a minimum amount of five thousand ($5,000.00) dollars.

Section 7-6-4 Issuance of Permit

Upon compliance with the provisions of this ordinance and upon payment to the Town clerk of an amount set by resolution of the Mayor and Council the clerk shall issue a permit to the applicant; provided, however, that such permit shall restrict the number of hours during which the permitted operations are to be conducted to a period of not more than twelve (7) consecutive hours per day unless there is an express finding by the clerk that such restriction is not necessary to ensure the public health and safety of the citizens of the Town. Any permit so issued shall be for a period of three (3) months from issuance by the clerk and the permittee shall be entitled to renew and extend the permit for any number of three (3) month periods thereafter on payment to the clerk of a renewal fee in an amount established by Council resolution.

Section 7-6-4 Business License Required

Notwithstanding any provision of this Article each permittee and his contractor, if any, shall obtain a business license as provided in Article 8-1 of this Chapter.

Section 7-6-5 Violations -Penalty

Any person found guilty of violating any of the provisions of this Article shall be guilty of a civil violation punishable as provided ins Section 1-5-1(A). Each day a violation continues shall be a separate offense.

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CHAPTER 8 BUSINESS ARTICLE 8-1 PEDDLERS

8-1-1 Registration required 8-1-2 Application to Police Chief 8-1-3 Issuance of Registration Cards 8-1-4 Revocation of Registration Cards 8-1-5 Pedaling without Registration Cards Prohibited 8-1-6 Permission Required for Selling on Streets or Sidewalks 8-4-7 Signs to be Observed 8-1-8 Exemptions 8-1-9 Fees

Sec. 8-1-1 Registration Required

Any person operating as a solicitor, peddler, hawker, salesman or vendor of goods, wares, merchandise, newspapers, magazines or services, who goes from house to house, or to only one house, in the town shall register with the police department and obtain an identification card showing such registration.

Sec. 8-1-2 Application to Police Chief

A. Applicants for police registration under the terms of Section 8-1-1 shall be required to furnish two satisfactory photographs of the applicant, one to be attached to the applicant’s registration card and the other to be retained by the police department. The chief of police may require the applicant to file his fingerprint identification with the police department.

B. Such applicants for police registration shall be required to furnish to the police department a complete description of the product to be sold in the town, together with information regarding sales methods to be used and references that will enable the chief of police to determine whether or not such applicant is qualified to receive a registration card as provided in Section 8-1-3. Investigation by the chief of police under the provisions of this article shall be completed within fifteen days after the applicant has provided the required information.

Sec. 8-1-3 Issuance of Registration Cards

Registration cards under this article shall be given without charge to all applicants who have complied with Section 8-1-2, unless the chief of police determines in his discretion that such applicant is not a proper person to be permitted to go from house to house because of any of the following reasons:

(1)

he has a /criminal record,

(2)

he is associated with a company that has engaged in fraudulent dealings, or

(3)

the proposed sales proposition includes some element of trickery, fraud or deceit, in which case, in the interest of public safety and protection, the applicant shall not be registered.

Sec. 8-1-4 Revocation of Registration Cards

Registration cards under this article may be revoked by the town at any time if deemed necessary in the interest of public safety and protection.

8-1-5 Business 8-1-9 Sec. 8-1-5 Peddling Without Registration Cards Prohibited

It is unlawful for any person to take part in the act of soliciting, peddling, hawking, selling or vending of goods, wares, merchandise, newspaper, magazines or services from house to house or to only one house in the town without having registered with the police department and obtained a registration card; without having such card in his possession; or failing to exhibit such card when request is made for the registration card by any resident of the town.

Sec. 8-1-6 Registration Required for Selling on Streets or Sidewalks

It is unlawful for any person to erect or maintain any booth, stand or counter on any sidewalk in the town for the purpose of barter, sale or trade or to keep or maintain upon the streets or alleys any wagon, cart, vehicle, movable booth or stand for the purpose of barter or trade without first obtaining a registration card under the provisions of this Chapter.

Sec. 8-1-7 Signs to be Observed

It is unlawful for any peddler, solicitor or canvasser in the course of his business to ring the doorbell or knock at any building where on a sign bearing the words “no peddlers, solicitors or canvassers” is exposed to public view.

Sec. 8-1-8 Exemptions

A. Newsboys are exempt from the provisions of this article for the sale and delivery of newspaper subscriptions.

B. Nonprofit, charitable or religious organizations may apply to the council for an exemption from this article.

Sec. 8-1-9 Business fees Required

The registration card required under this Article is not a substitute for the business license required in Article 6-2 of this chapter.

8-2 Business 8-2-3 ARTICLE 8-2 BUSINESS LICENSE TAX

8-2-1 License Required 8-2-2 Issuance of License 8-2-3 Payment 8-2-4 Posting of License 8-2-5 Exhibition of License Required 8-2-6 License Not Transferable 8-2-7 Exemption 8-2-8 Business License Fees

Sec. 8-2-1 License Required

A. It is unlawful for any person to carry on any trade, calling, profession, occupation or business in this town without having procured a license from the Town of Superior and complying with any and all regulations of such trade, calling, profession, business or occupation specified in this article.

B. Those persons who are required to obtain a registration card under the provisions of Article 8-2 shall also be required to obtain a business license under this Article prior to conducting any business.

Sec. 8-2-2 Issuance of License

A. It shall be the duty of the clerk to prepare and to issue a license under this article for every person, firm, company or corporation liable to pay a license hereunder and to state in each license the amount thereof, the period of time covered, the name of the person, firm or corporation for whom issued, the trade, calling, profession, occupation or business licensed and the location or place of business of said trade, calling, profession, occupation or business.

B. In no case shall any mistake of the clerk in stating the amount or term of a license prevent or prejudice the collection for the town of what shall be actually due from anyone carrying on a trade, calling, profession, occupation or business, subject to license under this article.

Sec. 8-2-3 Payment

A. All business license taxes shall be paid in advance at the office of the clerk or in such a manner as may be specified by the clerk. For those persons, firms, company or corporations liable for such tax and continuing in business on June 30th, the payment of the annual license tax is due on or before the 30th day of June of each year. Those commencing a covered business activity, occupation, profession, trade or calling between June 30th and July 1st of the next succeeding year shall be required to pay the annual license fee before the first day of conducting business.

B. A separate license must be obtained for each branch establishment or separate place of business in which any trade, calling, profession, occupation or business is carried on. Each license shall authorize the person obtaining such license to carry on, pursue or conduct only that trade, calling, profession, occupation or business described in such license and only at the location or place of business which is indicated.

C. If any one person is engaged in more than one business in the same location for which license fees are provided in this article, he shall pay the highest fee which is established for any of the businesses in which be is engaged at such location.

D. In addition to all other possible penalties for violation of this code, any person who fails to obtain a required license in a timely manner shall also pay a penalty of ten (10%) per cent of the license fee, which shall be in addition to the regular fee for such business.

Sec. 8-2-4 Posting of License

A. Every person, firm, company or corporation having a license under the provisions of this article and carrying on a trade, calling, profession, occupation or business at a fixed place of business shall keep such license posted and exhibited, while in force, in some conspicuous part of the place of business.

B. Every person having such a license and not having a fixed place of business shall carry such license with him at all times while carrying on that trade, calling, profession, occupation or business for which the same was granted.

C. Every person, firm, company or corporation having a license under the provisions of this article shall produce and exhibit the same when applying for a renewal thereof and whenever requested to do so by any police officer or by any other officer authorized to issue, inspect or collect licenses.

Sec. 8-2-5 Exhibition Of License Required

A. The chief of police shall have and exercise the power to make arrests and to cause complaints to be filed against all persons violating the provisions of this article.

B. The chief of police or any duly authorized official shill have the power to enter free of charge at any time any place of business for which a license is required by this article, and to demand the exhibition of such license for the current term, from any person engaged or employed in the transaction of any such business. It is unlawful for such person to fail to exhibit such license when requested to do so.

Sec. 8-2-6 License Not Transferable

No license granted or issued under the provisions of this article shall be in any manner assignable or transferable to any other person, firm, company or corporation, other than is therein mentioned or named, without permission from the council.

Sec. 8-2-7 Exemptions

A. Any person who has been a bona fide resident of the Town of Superior for a period of six months continuously who wishes to sell any form of agricultural product within the town produced, by himself shall be exempt from paying any license tax under this article for the privilege of selling such products only. Before receiving the exemption, an affidavit of the facts entitling the seller to an exemption must be filed with the clerk.

B. Any nonprofit, charitable or religious organization may apply to the council for an exemption from this article.

Sec. 8-2-8 Business License Fees

A. Unless otherwise specified in this section, all businesses, occupations, professions, trades or callings shall, pay a license tax of Forty ($40.00) Dollars for any year or part thereof that said business, occupation, profession, trade or calling is carried on.

B. Any fortuneteller or palmist shall pay a daily license fee of twenty-five dollars ($25).

C. For any year or part thereof that any person holds a liquor license, he shall pay the following license tax:

1. #6 or #9 Liquor License - Ninety ($90.00) Dollars for any full or part year said license is held.
2. #7 or #10 Liquor License - Seventy Five ($75.00) Dollars for any full or part year said license is held.
3. #8 or #11 or any other Liquor License - Fifty ($50.00) Dollars for any full or part year said license is held.

D. Any solicitor, peddler, hawker, salesman or vendor with no established place of business or operation within the town shall pay a daily license fee of fifteen dollars.

ARTICLE 8-3Transaction Privilege Tax Transaction Privilege Tax replaced by Model Tax Code by Ordinance No. 27 on the 2nd day of July, 1987. 8-3 Business 8-3-1 Article 8-3 TRANSACTION PRIVILEGE TAX

8-3-1 Definitions 8-3-2 Permit Requirements 8-3-3 Imposition of Tax - Tax Schedule 8-3-4 Exemptions 8-3-5 Administration and Procedures 8-3-6 Assessment and Appeal 8-3-7 Violations

Sec. 8-3-1 Definitions

In this article unless the context requires otherwise:

A. “Assembler” means a person who unites or combines products, wares or articles of manufacture so as to produce a change in form or substance without changing or altering the component parts. This definition shall not be interpreted to include activities listed in paragraphs 2, 3, 4, 5, 8 and 9 of Section 83-3 (A) of this article.

B. “Auditor” means any town employee or agent authorized by the tax collector to audit records of a person subject to the tax specified by this chapter and may include an employee of another city or town.

C. “Business” includes all activities or acts, personal or corporate, engaged in and caused to be engaged in with the object of gain, benefit or advantage, either direct or indirect, but not casual activities or sales.

D. “Contracting” means engaging in business as a contractor.

E. “Contractor” means a person who, for either a fixed sum, price fee, percentage, bonus or other compensation other than actual wages, undertakes to or offers to undertake to, or purports to have capacity to undertake to, or submits a bid to, or does himself or by or through others, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, railroad excavation or other structure, project, development or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith. The term “contractor” includes subcontractors, specialty contractors, developers and speculative builders.

F. “Engaging” when used with reference to engaging or continuing in business, means the exercise of corporate or franchise powers.

G. “Gross income” means the gross receipts of a taxpayer derived from trade, business, commerce or sales and the value of proceedings or accruing from the sale of tangible personal property or service, or both, and without any deduction on account of losses.

H. “Cross proceeds of sales” means the value proceeding or accruing from the sale of tangible personal property without any deduction on account of the cost of property sold, expenses of any kind, or losses, but cash discounts allowed and taken on sales shall not be included as gross income; “gross income” or “gross proceeds of sale” shall not be construed to include goods, wares or merchandise, or value thereof, returned by customers when the sale price is refunded either in cash or by credit, sold, if and when the full sale price of the new article is included in the “gross income” or “gross proceeds of sales”, as the case may be.

I. “Cross receipts” means the total amount of sale, lease or rental price, as the case may be, of the retail sale of retailers, including any services that are a part of the sales, valued in money, whether received in money or otherwise, including all receipts, cash, credits and property of every kind or nature, and any amount for which credit is allowed by the seller to the purchaser, without any deduction there from on account of the cost of the property sold, materials used, labor service performed, interest paid, losses or any other expense. The term does not include cash discounts allowed and taken or the sale price of property returned by customers, when the full sale price thereof is refunded either in cash or by credits J. “Hotel” means any public or private hotel, inn, hostelry, tourist home or house, motel, rooming house, apartment house, trailer or other lodging place within the Town of Superior, offering Lodging, wherein the owner and operator thereof, for compensation, furnishes lodging to any transient, except foster homes, rest homes, sheltered care homes, nursing homes or hospital.

K. “Lodging” and “lodging space” means the use or possession, or the right to the use or possession, of any room or apartment in a hotel, or the right to the use or possession of furnishings or to the services and accommodations accompanying the use and possession of the room, including storage or parking space for the property of a transient.

L. “Manufacturer” means a person who is principally engaged in the fabrication, production or manufacture of products, wares or articles for use from raw or prepared materials, imparting to such materials new forms, qualities, properties or combinations. This definition shall not be interpreted to include activities listed in paragraphs 2, 3, 4, 5, 8 and 9 of Section 8-3-3 (A) of this code.

M. “Modifier” means a person who reworks, changes or adds to a product, wares or articles of manufacture. This definition shall not be interpreted to include activities listed in paragraphs 2, 3, 4, 5, 8 and 9 of Section 8-3-3 (A) of this code.

N. “Notice” means a written instrument served by the town as follows, with time commencing from date of mailing, serving, filing or recording:

1. By registered or certified mail to the last known address of the person to whom it is required to be given; or
2. By personal service upon the person or his lawful representative; or
3. By filing or recording with a clerk of the superior court or a county recorder.

O. “Owner-builder” means a person who owns or leases real property within the town acting as a contractor in constructing any improvement upon the real property which real property as improved is held by such person for his use or for rental purposes. An owner/builder who sells such real property as improved at any time on or before the expiration of twenty-four months after an occupancy permit for such improvement is issued, or if no permit is issued, within twenty-four months after final inspection of the improvement or when the improvement is completed1 whichever is later, shall be treated as a “prime contractor’ for purposes of this article. For purposes of this definition, a “sale” of real property as improved includes any form of transaction whether characterized as a lease or otherwise which in substance is a sale and includes any lease of the improvement for a term of thirty years or more with all options for renewal being included as a part of the terra.

P. “Permanent resident” means any person who, as of a given date, has occupied lodging space or has paid or become obligated to pay for the right to occupy Lodging space, in a particular hotel for the thirty consecutive days next preceding such date, or has signed and performs under a lease.

Q. “Person” or “company” herein used interchangeable, means an individual, officer, agent, firm, partnership, joint venture, association, corporation, estate, trust or any other group or combination acting as a unit, and the plural as well as the singular number, unless the intent to give a more limited meaning is clearly intended by the context.

R. “Prime contractor” means a contractor which the owner or lessee of the real property being improved treats as being responsible for administration, construction and completion of the improvement. For purposes of this definition, a person who, for either a fixed sum, price, fee, percentage, bonus or other compensation other than actual wages, undertakes to or offers to undertake to, or submits a bid to, or does himself or by or through others, supervises the construction of the improvement, or coordinates the construction of the improvement, or both, is a prime contractor, unless such supervisor or coordinator demonstrates, to the town’s satisfaction, that another contractor is, in fact, the prime contractor for the improvement; provided, a person acting on behalf of an owner-builder rendering consulting services shall not be regarded as a prime contractor if:

1. Such person does not guarantee a maximum price for the improvement to the owner-builder;
2. Such person does not contract with contractors constructing the improvement; and
3. Such person is not responsible to the owner-builder for the administration, construction and completion of the improvement.

S. “Repairer” means a person who restores or renews products, wares or articles of manufacture. This definition shall not be interpreted to include activities listed in paragraphs 2, 3, 4, 5, 8 and 9 of Section 83-3 (A) of this article.

T. “Retailer” means every person engaged in the business of making sales at retail, and when in the opinion of the tax collector it is necessary for the efficient administration of this article, includes dealers, distributors, supervisors and employers, and salesmen, representatives, peddlers or canvassers as the agents of such dealers, distributors, supervisors or employers under whom they operate or from whom they obtain the tangible personal property sold by them, whether in making sales on their own behalf or on the behalf of such dealers, distributors, supervisor or employers.

U. “Retail sale” or “sale at retail” means a sale for any purpose other than for resale in the form of tangible personal Property but the expressions of “transfer of possession”, “lease’ and “rental” as used in the definition of “sale”, mean only such transactions as are found upon investigation to be in lieu of sales as defined without the words “lease” or “rental”.

V. “Room rental” means the total charge, exclusive of all federal, state and municipal taxes, made by any hotel for lodging or lodging space furnished any transient. If the charge made by such hotel to such transient includes any charge for services or accommodations in addition to that of lodging, or the use of lodging space, then such portion of the total charge as represents only room or lodging space rental shall be distinctly set out and billed to such transient by such hotel as a separate item.

W. “Sale” means any transfer of title or possession, or both, exchange, barter, lease or rental, conditional or otherwise, in any manner or by any means whatsoever, or tangible personal property, for a consideration or any agreement therefore, and includes, but is not limited to:

1. Any transaction whereby the possession of property is transferred, but the seller retains a security interest for the payment of the purchase price.
2. The fabrication of tangible personal property for consumers who furnish either directly or indirectly the materials used in the fabrication work, where such fabrication is customarily included in the sale price of similar tangible personal property sold to consumers.
3. The furnishing, preparing or serving for a consideration of any tangible personal property consumed on the premises of the person furnishing, preparing or serving such tangible personal property.

X. “Stock” means the goods and wares of a person kept for sale and traffic, and for the purpose of this article shall include, but not be limited to all tangible personal property specially ordered for any customer, if for any reason such specially ordered property is brought into the town prior to completion of the sale.

Y. “Tangible personal property” means personal property which nay be seen, weighed, measured, felt, touched or is in any other manner perceptible to the senses.

Z. “Tax collector” means the common council of the town or its authorized agent. AA. “Taxpayer” means any person Liable for any tax imposed by this article. BB. “Transient” means any person who, for any period of not more than thirty days, either at his own expense or at the expense of another, obtains Lodging or the use of any Lodging space in any hotel for which lodging or use of lodging space a charge is made.

CC. “Wholesaler” or “jobber” means any person who sells tangible personal property for resale by a licensed retailer and does not sell tangible personal property for consumption by the purchaser. When a person normally selling for resale makes any sale at retail or for consumption by the purchaser, such person is defined as a “retailer’ for purposes of this article.

Sec. 8-3-2 Permit Requirements

A. Every person having a gross proceeds of sales or gross income upon which a privilege tax is imposed by this article desiring to engage in or a continue in business activities within the town shall make application to the tax collector for a transaction privilege permit, accompanied by a fee of two dollars, and no person shall engage in business or continue in business within the town until he shall have such a permit. This fee shall become effective for all new permits at the start of the day on which this article becomes effective. Previously existing privilege licenses shall be considered to be transaction privilege permits for the purposes of this article.

B. Application for privilege permits required under this article shall be made upon forms prescribed by the tax collector.

C. It shall be a condition precedent to issuance of a permit that all provisions of this code, ordinances, regulations and requirements affecting the public peace, health and safety be complied with in total.

D. The privilege permit required by Section 8-3-2 (A) shall be good so Long as all returns and tax payments are made as required by this article.

E. Upon the failure of any person to pay the required tax, penalty and interest within a period of thirty days after it becomes due, the tax collector may give such person notice of intent to cancel the privilege permit. If the person so notified requests a hearing within ten days from notice, he shall be granted a hearing before the tax collector. Upon a finding by the tax collector that tax, penalty and interest is unpaid and has remained unpaid at Least thirty days, or if no request for hearing has been received within ten days after notification as herein provided, the privilege permit shall be cancelled and such permit shall not be reissued until all such taxes, penalty and interest due shall have been paid.

F. Any person whose privilege permit has been cancelled shall be required to pay a fee of twenty-five dollars for each reissue of a permit and such permit shall not be reissued until all taxes, penalties and interest have been paid. The tax collector may, at his discretion, reissue under the previous permit number or issue a new permit.

G. A person engaged in or conducting taxable business in two or more established locations within the town shall be required to obtain a separate permit for each Location, except that for the business of leasing or renting the use or occupancy of real property, only one application for such property within the town shall be required; however, the applicant shall be required to list all such property by street address or other satisfactory identification and shall notify the tax collector within ten days after sale or acquisition of any such real property, clearly identified by location in such instance.

H. At the time a taxable business is sold, or when any other ownership change occurs, a new privilege permit shall be obtained for each permit effective at the time of such change.

I. Any person holding a privilege permit shall be required to notify the tax collector of any change in either mailing address or location within fifteen days after such change occurs. A fee of one dollar shall be required whenever any change in location of a business within the town occurs.

J. The permit prescribed in Section 8-3-2 (A) shall be nontransferable and shall be displayed in some conspicuous part of the applicant’s place of business.

Sec. 8-3-3 Imposition of Tax – Tax Schedule

There is hereby levied and shall be collected by the tax collector for the purpose of raising revenue to be used in defraying the necessary expenses of the town, privilege taxes measured by the amounts or volume of business transacted by persons on account of their business activities, and in the amounts to be determined by the application of rates against values, gross proceeds of or gross income, as the case may be, in accordance with the following schedule:

A. Percentage of tax and business Liable to taxation. An amount equal to one percent or the gross proceeds of sale or gross income from the business upon every person engaging in or continuing within the town in the following businesses:

1. Transporting for hire persons or property by any means of transportation, from a point within the town to another point within the town or from a point within the town to another point within the State of Arizona; provided, that the levy shall not apply to common or contract carriers paying a tax under the provisions of Arizona Revised Statutes Section 40-641.
2. Mining, quarrying, smelting or producing for sale, profit or commercial use, any oil, natural gas, limestone, sand, gravel, copper, gold, silver or other mineral product, compound or combination of mineral products, or felling, producing or preparing timber or any produce of the forest for sale, profit or commercial use. In computing the tax, the price shall he reduced by the actual freight paid by any person from the place of production to the place of delivery when the freight is included in the sale prices of the products.
3. Producing and furnishing, or furnishing to consumers, electricity, electric lights, current, power or gas, natural or artificial, and water.
4. Transmitting local or long distance messages or conversations by telephone, or messages by telegraph, from a point within the town to another point within the State of Arizona, including gross income derived from tolls, subscriptions and services on behalf of subscribers, or by publication of a directory of the names of subscribers.
5. Operating a pipe Line for transporting oil, or natural or artificial gas, through pipes or conduits from a point within the town to another point in the town or in the state.
6. Operating private railroad car lines, as they are defined in Title 42, Chapter 4, Article 3, Arizona Revised Statutes, from one point within the town to another point in the town or state.
7. Publication of newspapers, magazines or other periodicals and publications, when published within the town, including the gross income derived from advertising, notices and subscriptions sold within the town. Subscriptions sold within the town for newspapers, magazines or other periodicals and publications published without the town shall also be taxable under this section, and advertising sold within the town shall likewise be taxable.
8. Job printing, engraving, embossing and copying, advertising by billboards, direct mail, radio, television or by any means calculated to appeal to prospective purchasers or users.
9. The contracting business or acting as a prime contractor, or both.

a.

For purposes of this classification, there shall be subtracted from the gross income, gross proceeds of sale or gross receipts subject to the privilege tax, a deduction in the amount of thirty five percent of said gross income, gross proceeds of sale or gross receipts in lieu of any Labor, shop or subcontractor deductions. Subcontractors or others, who perform services in respect of the improvement, building, highway, road, railroad, excavation or other structure, project, development or improvement (hereinafter “job”) are exempt from the privilege tax on their gross income, gross proceeds of sale or gross receipts derived from the job if they can demonstrate to the town’s satisfaction that the job was within the control of a prime contractor or prime contractors and that such prime contractor paid or should have paid the privilege tax upon the gross income, gross proceeds of sale or gross receipts attributable to the job and from which the subcontractors or others were paid.

b.

An owner-builder, who is not a prime contractor, shall pay the privilege tax or use tax, as the case may be, upon the sales to him or to his account of all tangible personal property incorporated or fabricated into any structure, project, development or improvement undertaken by him; provided, if the owner-builder is treated as a prime contractor for privilege tax purposes, he shall deduct from the gross income, gross proceeds of sale or gross receipts derived from the sale (as defined under owner-builder) of the real property as improved by him:

(1)

An amount of thirty-five percent of said gross income, gross proceeds of sale or gross receipts in lieu of any labor, shop or subcontractor deductions;

(2)

Either a tax credit equal to the amount of privilege or use tax, or the equivalent tax, paid to the Town of Superior or another city or town in respect of the tangible personal property incorporated or fabricated into the said structure, project, development or improvement undertaken by him, and

(3)

A tax credit equal to the amount of privilege taxes paid by - :he contractor or subcontractors to the Town of Superior on the gross income, gross proceeds of sale or gross receipts derived by the contractor or sub-contractor from the construction of the improvement upon the real property owned or leased by the owner-builder and sold by him.

c.

Reporting by contractors. Contractors shall report on a progressive billing basis or cash receipts basis, but home builders, speculative or otherwise, and owner-builders shall report as gross income, gross proceeds of sale or gross receipts the total selling price at the time of closing of escrow or transfer of title.

d.

Deductions allowable and pertaining to the gross income, gross proceeds of sale or gross receipts may not be taken prior to the time that said proceeds or receipts are reported.

1. Restaurants, dining rooms, lunchrooms, lunch stands, soda fountains, bars, taverns or similar establishments where articles of food or drink are sold, and catering or sale of food or drink from mobile
2. units within the town. Articles of food or drink prepared for service or resale by another person may be deducted, providing that the person reselling has a valid privilege permit for such purpose. The sale to hotels, restaurants, lunchrooms, boarding houses or similar establishments of articles used by human beings for food, drink or condiment, whether simple, mixed or compound, where such articles are customarily prepared and served to patrons for consumption on the premises, shall be deemed wholesale use as to such commodities, providing that the person reselling has a valid privilege permit for such purpose.
1. Selling any tangible personal property whatsoever at retail or to the ultimate consumer, including but not limited to sale of new and used vehicles of any type, and sales made from mobile units when within the town. Gross receipts from painting signs on structures within the town or upon vehicles while within the town shall be taxed as retail sales, without deduction. Sales of tangible personal property within the State of Arizona which result from activities of agents or representatives of a person whose principal office within Arizona is within the Town of Superior shall be taxable, provided that delivery is made from the town.
2. Operating or conducting amusements including but not limited to theaters, movies, operas, exhibitions, concerts, carnivals, circuses, shows of any type or nature, amusement park admissions, amusement rides, menageries, fairs, races, contests, games, golf courses, tennis courts, batting or driving ranges, riding on any animals, juke boxes, pinball machines, billiard and pool parlors, bowling alleys, dance halls, public dances, boxing or wrestling matches, or any other business charging admission fees for exhibition or amusement. Nonprofit private clubs where basic membership fees cover use of amusement facilities, and amusements conducted by the organizations themselves on an occasional basis to raise funds for projects of bona fide religious organizations, nonprofit educational institutions and nonprofit fraternal or service clubs are exempt.
3. Leasing or renting for a consideration any tangible personal property; sales of tangible personal property to be so leased or rented shall be deemed to be resale sales.
4. Leasing or renting for a consideration the use or occupancy of real property, including any improvements, rights or interest in such property.

B. Basis for taxation under certain conditions.

1. In determining value as applied to sales from one to another person, or other circumstances where the relation between the buyer and seller is such that the gross proceeds from the sale are not indicative of the true value of the subject matter of the sale, the council may prescribe uniform and equitable rules for determining the value upon which the tax herein levied shall be based, corresponding as nearly as possible to the gross proceeds from the sale of similar products of like quality or character of other taxpayers where no common interest exists between the buyer and seller, but otherwise under similar circumstances and conditions.
2. For the purpose of computing the tax by this article, “conditional or time sales” shall be treated as credit sales and tax shall be based only upon the amounts received under such security agreements, but if the seller transfers his interest in such agreements to a third person, he shall pay an amount based upon the full sale price of the commodity, unless a record is kept of payments thereafter made on the contract in such manner that the tax collector nay at all times ascertain from the records of the seller the amount paid thereon by the purchaser. If at any time the tax collector cannot ascertain the amount paid thereon, the tax shall be computed to include any amounts not shown to be paid by the records of the seller to the satisfaction of the tax collector.
3. When any person is engaged in an occupation or business to which Section 8-3-3 is applicable, such person’s books shall be kept so as to show separately the gross proceeds of sale of tangible personal property and the gross income from sales of nontaxable service, and if not so kept, the tax shall be based upon the total of such person’s gross proceeds of sales of tangible personal property and gross income from service.
4. When any person is engaged in the business of selling tangible personal property at both wholesale and retail, the retail rate shall be applied only to the gross proceeds of the sales made other than at wholesale when such person’s books are kept so as to show separately the gross proceeds of sales of each class, and when such books are not so kept, the retail rate shall be applied to the gross proceeds of every sale so made.
5. For the purpose of Section 8-3-3, the total amount of gross income, gross receipts or gross proceeds of sale shall be deemed to be the amount of the sale, exclusive of the tax imposed by Section 8-3-3, providing the person upon whom the tax is imposed shall establish to the satisfaction of the tax collector that any tax collected from customers has been added to the sale price and not absorbed by him.

Sec. 8-3-4 Exemptions

The following shall not be subject to taxation under this article:

A. Any business, calling, profession or occupation where the general law of the State of Arizona or general law of the United States of America preclude the levying of such a tax.

B. Sales in interstate or foreign commerce when prohibited from being so taxed by the Constitution or general laws of the United States or by the Constitution of the State of Arizona.

C. Professional services, instruction and other services not connected with the making of retail sales.

D. Contracting, retail sales and any other taxable activity for the Town of Superior.

E. Sales of gasoline upon which a tax has been imposed under the provisions of Title 28, Chapter 9, Article 9, Arizona Revised Statutes.

F. Sales of tangible personal property to a person licensed as a contractor under Title 32, Chapter 10, Arizona Revised Statutes, who holds a valid privilege tax permit for engaging in or continuing in the business of contracting when the property so sold is incorporated or fabricated by the contractor into any structure, project, development or improvement in fulfillment of a contract therefore.

G. Sales of tangible personal property made directly to the United States Government, its departments or agencies, by the manufacturer, modifier, assembler or repairer. A deduction of fifty percent shall be permitted where such sales are made by persons other than those specified in the previous sentence.

H. Sales of tangible personal property by persons engaging in or continuing in the business of processing, manufacturing, fabricating, modifying, assembling or repairing, when such sales are made for resale and not at retail and not to an ultimate consumer. This subsection shall not apply to any sales of tangible personal property which are not the same as or similar to tangible personal property sold through distributors, jobbers, wholesalers, retailers or other persons than those substantially and principally engaging or continuing in the actual manufacturing, processing, fabricating, modifying or assembling thereof.

I. Sales of tangible personal property to manufacturers, modifiers, or assemblers where such property directly enters into and becomes an ingredient or component part of any manufactured, fabricated or processed article, substance or commodity for sale in the regular course of business.

J. Services provided in connection with retail sales if invoices to the customer, sales tickets, cash register tapes and all other business records show separate charges for such services. This exemption shall apply only where such service is not customarily included in the retail sale itself and where such service is not an essential element in the retail sale itself. No deduction shall be allowed for fabrication labor of retail items sold.

K. Sales of tangible personal property in which all of the following occur without the town Limits of the Town of Superior.

1. The placement of the order.
2. The stock from which delivery was made.
3. The transference of title and possession. For the purposes of this exemption, any person engaging or continuing in the business to which this exemption is applicable shall maintain and keep accounting records or books indicating separately the gross proceeds of sale or gross income of tangible personal property which occur without the town limits,

and if not so maintained the tax to be imposed will be upon the total of such person’s gross proceeds of sale or gross income.

L. The sale of drugs on the prescription of a member of the medical, dental or veterinary profession who is licensed by law to administer such drugs.

M. All personal property purchased in this town by any hospital organized and operated exclusively for charitable purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual, or operated by the state or any political subdivision of this state.

N. The sale of stock and bonds.

O. Sales of machinery or equipment to be used directly in manufacturing, processing, fabricating, job printing, refining or metallurgical operations, including leaching, milling, precipitating, smelling and refining.

P. Sales of machinery or equipment to be used directly in the process of extracting ore or minerals from the earth for commercial purposes, including equipment required to prepare the materials for extraction and for the handling, loading or transportation of such extracted material to the surface.

Q. Sales to telephone or telegraph companies of central office switching equipment, switchboards, private branch exchange equipment, microwave radio and carrier equipment and coaxial cable.

R. Sales of machinery, equipment or transmission lines to be used directly in the production or transmission of electrical power, but not for such machinery, equipment for transmission lines that are to be used for distribution and not for transformers and control equipment to be used at transmission substation sites.

S. Sales of pipes or valves four inches in diameter or Larger to be used for transporting oil, natural gas, artificial gas, water or coal slurry.

T. Sales of aircraft, navigational and communication instruments and other accessories and related equipment to be used in conjunction with or to become part of aircraft to be used in the transportation of persons, property or U.S. Mail in intrastate, interstate or foreign air transportation for hire by airlines holding a federal or state certificate of public convenience and necessity or holding a foreign air carrier permit.

U. Sales of railroad rolling stock, rails, ties and signal control equipment to be used directly in the transportation of persons or property in intrastate or interstate transportation for hire.

V. Sales of machinery or equipment to be used directly in the drilling for oil or gas or used directly in the process of extracting oil or gas from the earth for commercial purposes.

W. Sales or gross income from sales of food by any of the following:

1. A retailer who conducts an eligible grocery business.
2. A retailer who conducts a business whose primary business is not the sale of food but who sells food which is displayed, packaged and sold in a similar manner as an eligible grocery business.
3. A retailer who sells food and does not provide or make available any facilities for the consumption of food on the premises.
4. A retailer who conducts a delicatessen business either from a counter which is separate from the place arid cash register where taxable sales are made or from a counter which has two cash registers which are used to record taxable and tax exempt sales or a retailer who conducts a delicatessen business who uses a cash register which has a least two tax computing keys which are used to record taxable and tax exempt sales.
5. A retailer who is a street or sidewalk vendor who uses a pushcart, mobile faci1ity, motor vehicle or other such convenience.
6. Vending machines and other types of automatic retailers,

a.

For purposes of this subsection, the terms “eligible grocery business”, “facilities for the consumption of food”, “food” and “food for consumption on the premises: shall have these definitions as provided in Arizona Revised Statute Section 42-1381 and the rules and regulations adopted by the Arizona Department of Revenue pursuant to A.R.S. 42-1387, as if same were fully set forth herein.

b.

All retailers availing themselves of this exemption may apply an average rate to the sales price of both food and non-food items as provided in A.R.S. 42-L384 and the rules and regulations adopted by the Arizona Department of Revenue.

Sec. 8-3-5 Administration and Procedures

A. Vested administration and payment of tax. The administration of this article is vested in and exercised by the Town of Superior, except as otherwise specifically provided, and all payments shall be made to the Town of Superior or the Department of Revenue for the State of Arizona, when an agreement for collection is in force between the Department and the Town of Superior. If payment is made in any other form than money which is Legal tender in the State of Arizona and the United States of America, the tax obligation shall not be ended until the check, bank draft or money order has been honored by the person on whom drawn.

B. Presumption that all gross receipts are taxable. For the purpose of the proper administration of this article and to prevent evasion of the tax hereby imposed, it shall be presumed that all gross receipts are subject to the tax until the contrary is established by the person seeking the exemption from said taxation.

C. Burden of proving sale was not at retail. The burden of proving that a sale of tangible personal property was not a sale at retail shall be upon the person who made it, unless such person shall have taken from the purchaser a certificate to the effect that the property was purchased for resale.

D. Tax imposed is cumulative and supplemental to others. The tax imposed by this article shall be cumulative and supplemental to all other taxes levied by law.

E. Records of taxpayer. It shall be the duty of every person engaging or continuing in business activities within this town for which a privilege tax is imposed by this article to keep and preserve for a minimum of three years, suitable records of the gross income, gross receipts of sales, invoices for goods and merchandise purchased and sold, resale certificates, job Labor records and all other such books or accounts as shall be necessary to determine the amount of tax for which such person is liable under the provisions of this article. Collection of back privilege taxes by the town shall be limited to a period of three years prior to the date when the tax collector began an audit of the taxpayer’s books, wrote to the person through use of ordinary mail concerning an apparent violation of the article, or took some other recorded action to require a privilege tax permit application or other compliance with the article. ALL records mentioned in this subdivision above, shall be open for examination at any time by the tax collector.

F. Divulging of information forbidden. It is unlawful for any officer, employee or agent of this, Town of Superior to make known in any manner whatsoever the business affairs, operations or information obtained by an investigation of records and equipment of any person visited or examined in the discharge of his official duty, or the amount or source of income, profits, leases, expenditures or any particular thereof, set forth or disclosed in any return or report, or the amount of tax paid. The council may, by motion, authorize an examination of the reports made pursuant to this article by the United States Director of Internal Revenue or the proper officials of the State of Arizona. Successors, receivers, trustees, executors, administrators and assignees, if directly interested, may be given information as to the items included in the measure and amounts of any unpaid tax or amounts of tax required to be collected interest and penalties. Divulging of applicable information to any authorized employee or agent of an incorporated city or town shall be permitted when an employee or agent of another incorporated city or town is authorized by the tax collector to conduct audits for the Town of Superior. Information supplied on privilege permit applications shall not be considered as confidential. Any officer, employee or agent of the Town of Superior shall be authorized to divulge such confidential information as may be necessary upon the order of a court of competent jurisdiction.

G. Inadequate records. In the event the records of the gross Income, gross receipts or gross proceeds of sales of the business, kept by the taxpayer, are deemed by the tax collector to be unsuitable, or the taxpayer does not keep such other books or records as may be necessary to determine the amount of the tax for which he is liable under the provisions of this article, the tax collector may prescribe the form and manner of keeping such books and records. In the event the taxpayer fails or refuses to follow such prescribed form, and the tax collector cannot ascertain from the records kept by the taxpayer the gross income, gross receipts or gross proceeds of sale of the business or the amount of the tax for which the taxpayer is Liable under the provisions of this article, the tax collector may proceed as though such taxpayer failed or refused to make a return in the manner prescribed by this article.

H. When tax variable, interest and penalties. Notwithstanding any other provisions of this Article to the contrary, taxes shall be due, payable and delinquent on the dates specified in Section 42-1322 of Arizona Revised Statutes for collection of the state transaction privilege tax. Interest and penalties shall be charged at the same rate and at the same time as provided in Section 42-1322 and 42-1327 of Arizona Revised Statutes for the state transaction privilege tax or such other statutes as are intended by the legislature to replace said sections.

I. Cash receipts or accrual basis. The taxpayer may elect to file returns and pay his tax either on a cash receipts or accrual basis, but the taxpayer shall not change from one basis to the other, without the prior written approval of the tax collector. As a condition of granting such approval, the tax collector may require an audit of the taxpayer’s records.

J. Consolidated returns. Any person engaging in two or more forms of business of like classification taxable under this article may file a consolidated return covering all business activities of like classification in which he is engaged within the town.

K. Extension of time for making returns. The tax collector may for good cause extend the date for making any return required under the provisions of this article, but the date for filing such return shall not be extended beyond the fifteenth day of the second month next succeeding the regular due date.

L. Penalty for delinquency. Any taxpayer who shall have failed to pay such tax within five days from the date upon which such payment shall have become due shall be subject to and shall pay a penalty of ten percent of the amount of such tax, together with interest on such tax at the rate of one percent per month or fraction thereof until paid.

M. Correction of errors. If the taxpayer makes an error or errors in computing the tax assessable against him, the tax collector shall correct such error and notify the taxpayer promptly by ordinary mail that such correction has been made. Any additional tax for which the taxpayer becomes liable shall be payable within ten days after the letter or form showing the correction is mailed to the taxpayer. If the taxpayer makes an error which results in overpayment of tax, the tax collector shall allow credit against tax due on future returns or shall authorize a refund to the taxpayer.

N. Duties of person quitting business, his successor or assignee. Any person who sells his business or stock of goods or quits business shall be required to make the return provided for under this article within fifteen days after the date he sold his business or stock of goods or quit business, and his successor in business or assignee shall be required to withhold a sufficient amount of the purchase money to cover the amount of said taxes due and unpaid until such time as the former owner shall produce a receipt from the tax collector showing that the taxes have been paid, or a certificate that no taxes are due.

1. If the purchaser of a business or stock of goods shall fail to withhold purchase money as above provided and the taxes shall be due and unpaid after the fifteen-day period herein provided, he shall be personally liable for the payment of the taxes accrued and unpaid on account of the operations of the business by the former owner.
2. Transaction privilege tax liability of the purchaser shall be limited to no more than that accrued during a period of one full year prior to the date such business purchase becomes effective,
3. It is unlawful for the purchaser to refuse or fail to pay the back taxes accrued during said period within thirty days after the tax collector mails a Letter or other notice by ordinary mail to the purchaser requesting such payment of back taxes.

O. Tax shall be lien. The tax imposed by this article, if not reported and paid by the due date specified by this article, shall constitute a Lien on the property of any person subject to this article. The procedure to perfect such Lien shall be as follows:

1. The tax collector shall give written notice to the taxpayer at his last known mailing address by certified or registered mail, or such notice may be sent to the address at which the business is conducted. This written notice shall indicate that the town will file a lien on the subject property unless the taxpayer reports and pays all the tax past due including any penalties and interest due under this article or provides
2. satisfactory evidence to the tax collector that no taxes are due, within a period of thirty days from service or receipt of said written notice.
1. If the taxpayer does not pay taxes due or provide evidence that no taxes are due within thirty days after service or receipt of said written notice, the tax collector may prepare in triplicate copies of a “Notice and Claim of Lien” and file one copy with the county recorder of the county in which the property is Located. The tax collector shall then send by certified or registered mail a copy to the taxpayer at his last known mailing address or at the address at which the business is conducted. The Notice and Claim of Lien” shall contain the following:

a.

A description of the property sufficient for identification.

b.

The name of the taxpayer as owner or reputed owner of the property.

c.

The amount of the delinquent tax, including penalties and interest; or if this amount cannot be determined precisely because suitable records and books were not made available by the taxpayer, the amount assessed, including penalties and interest, by the tax collector as authorized by this article when such books and records are not available or are unsuitable. From and after the date of its recording in the office of the county recorder, the lien shall attach to the property until paid. A sale of the property to satisfy the lien shall be made upon judgment of foreclosure and order of sale. The town shall have the right to bring an action to enforce the lien in the superior court of the county in which the property is located, at any time after its recording, but failure to enforce the lien by such actions shall not affect its validity. The recorded “Notice and Claim of Lien” shall be prima facie evidence of the truth of all matters recited therein and the regularity of all proceedings prior to the recording therein. A prior recording for the purposes provided in this section shall not be a bar to the subsequent recording of a Lien for such purposes, and any number of such Liens on the same property may be enforced in the same action.

P.

Tax collector may examine books and papers. The tax collector may examine any books, papers, records or other data bearing upon the correctness of any return or for the purpose of making a return where none has been made, as required by the provisions of this article. If any person shall fail to appear before the tax collector or to answer any material question or to produce any books, records, papers or other data when requested to do so, such failure or refusal shall be reported to the town attorney, who shall thereupon institute proceedings in the superior court of the county where such witness resides to obtain compliance.

Q.

Taxpayer’s Liability. The liability of the taxpayer for taxes due shall remain the same, whether he collects sufficient added payments from his customers to cover such taxes due.

1. Where the taxpayer fails to show “tax collected”, deductible “repair labor’ and other deductible “service” on invoices to customers, sales slips and cash register slips, and on all applicable books and records, he shall be liable for taxation on his full gross receipts without allowance for such items.
2. The burden of proof for all deductions by any taxpayer shall be on taxpayer, who must prove to the satisfaction of the tax collector that such deductions shall have been legal and proper under this article. A person taking deductions for “resale” or for “payments to subcontractors” shall not take such deductions unless the persons for whom the deductions are taken have obtained the required privilege tax permits.

R. Tax liabilities or partners. All taxes assessed under the provisions of this article upon the business activities of a partnership shall be a liability and charges against each and all of the individual partners; but when paid by the partnership, such liability against each and all of the individual partners shall cease.

A. Assessment procedure. If any person who is required to file a return under the provisions of this article fails or refuses to make a return, the tax collector shall proceed, in such a manner as he may deem best, to obtain facts and information on which to base the assessment of the tax herein prescribed; and to this end the tax collector may make examination of the books, records and papers of any such person; and may take the evidence on oath of any person whom he may believe to be in possession of facts or information pertinent to the subject of inquiry, which oath the tax collector may administer. If no other information is readily available, the tax collector may make a reasonable judgment on the basis of past reports by the taxpayer or by any predecessor. When the tax collector has reached a decision as to the assessment; he shall notify the taxpayer in writing of such assessment, which shall become final within thirty days after such notice, has been mailed or served, unless the taxpayer shall notify the tax collector in writing of a request for a tax hearing within said thirty days.

B. Hearing at tax payer’s request. When a taxpayer requests a hearing as indicated in Section 8-3-6 (A) such hearing shall normally be held in the offices of the Town of Superior provided that the tax collector may choose another suitable room in the same town or by mutual agreement with the taxpayer, he may bald the hearing in such other place as may prove desirable. The hearing shall be conducted by the tax collector, and it shall be closed to all except the tax collector and his authorized representatives and the taxpayer and his authorized representatives, unless the taxpayer agreed in writing to waive restrictions on release of confidential information. The tax collector shall provide the taxpayer with not less than ten days notice of the date, time and place of the hearing. During the hearing the taxpayer or his authorized representative may present any evidence he deems appropriate to the issues or questions under consideration. Within fifteen days after the conclusion of the hearing, the tax collector shall affirm, modify or vacate any decision made with respect to the issues or questions discussed in the course of the hearing. Notice of said decision shall be provided to the taxpayer by the tax collector as provided in this article, and said decision shall be effective in ten days after service of notice.

C. Payment under protest. If any person feels aggrieved by a tax assessment or believes that any or all of his activities are not subject to the privilege tax required by this article, he shall pay the amount of such assessment or tax claimed due before the delinquent date and shall at that time give notice in writing to the tax collector that all or part of such payment is made under protest, and shall in the notice give the grounds and reasons for such protest and that a certain part thereof or that the total sum is protested.

1. Within ten days after receipt of such protest, the tax collector shall reply in writing to the last known mailing address of the taxpayer, stating whether the assessment or tax applied is to be changed as requested, and giving reasons for the decision.
2. If the taxpayer is then dissatisfied, he may take appropriate action in the superior court to recover payments made under protest. Court action shall be taken within sixty days after the tax collector has mailed his reply as required by paragraph I, above. Failure to take court action within the required sixty day period shall make the protest null and void.
3. If court action has been taken by the taxpayer under paragraph 2 above, all subsequent payments due shall be paid on or before the due date. However if each tax form is plainly marked “Paid Under Protest”, such subsequent payments shall be treated as part of the original protest until such time as court remedies have been exhausted or the court action withdrawn by the taxpayer.

D. Collection of delinquent taxes.

1. If any tax imposed by this article, or any portion thereof, is not paid within thirty days after the same becomes delinquent, the tax collector shall be empowered to commence court action in any appropriate court of competent jurisdiction to collect tax, penalties and interest due, and to utilize any and all appropriate remedies as authorized under the laws of the State of Arizona. Such actions may be commenced whether separate criminal charges have been filed to cover alleged failure to comply with this article.
2. Every tax imposed by this article and all increases, interest and penalties thereon, shall become, from the time the same is due and payable, a personal debt from the person liable to the town and it shall be payable to and recoverable by the tax collector.

E. Adoption of administrative procedure. The council is hereby authorized to adopt written administrative regulations to implement the enforcement of this article or to further define terms used in the article. Such administrative regulations shall be enforceable as though they were integral portions of the article itself.

F. State of Arizona Administrative procedures. Except where such regulations would conflict with administrative regulations adopted by the council or with provisions of this article, all regulations on the transaction privilege tax adopted by the State Department of Revenue under the authority of Title 41, Chapter 6, Article 1, Arizona Revised Statutes and amendments thereto, shall be considered as part of this article and enforceable as such.

A. Advertisement regarding taxes. It is unlawful for any person engaged in any of the businesses classified in Section 8-3-3 to advertise or hold out to the public in any manner, directly or indirectly, that the tax herein imposed is not considered as an element in the price to the consumer.

B. Permit required. It is unlawful for any person engaging in a business subject to the town transaction privilege tax to fail to obtain a permit before beginning or continuing such business.

C. Tax Collection from customer. Any person, who collects added payments from customers stated or indicated to be for the purpose of meeting privilege tax obligations of such person, shall be required to use such money only for such purpose. it is unlawful for any person to fail to pay privilege tax due to the Town of Superior within a period of thirty days after the date such tax is due if evidence is provided that such person has at any time collected such added payments from customers.

D. Failure to make return. It is unlawful for any person or for any officer or agent of any company or corporation to fail or refuse to make the returns and to pay the tax provided to be paid by the provisions of this article, or to make or permit to be made any false fraudulent return or false statement in arty return required by this article; or for any reason to aid or abet another in any attempt to evade the payment of the tax, or any part thereof, imposed by this article; or for any person or officer or agent of a company to fail or refuse to permit the examination of any book, paper, account, record or other data by the tax collector as required by this article; or to violate any of the other provisions of this article.

Chapter 9 Health and Sanitation CHAPTER 9 HEALTH AND SANITATION ARTICLE 9-1 GARBAGE AND TRASH COLLECTION

9-1-1 Definitions 9-1-2 Collection Agency 9-1-3 Collection Hours, Rules and Regulations 9-1-4 Rates 9-1-5 Payment of Fees, Collection Process, Notice of Violation 9-1-6 Responsibility for Maintaining Premises 9-1-7 Storage 9-1-8 Frequency of Collection 9-1-9 Place of Collection 9-1-10 Vehicles Used for Collection

9-1-11 Disposal - General Responsibility Sec. 9-1-1 Definitions

In this chapter unless the context requires otherwise:

A. “Approved” means acceptable to the Town.

B. “Ashes” means residue from the burning of any combustible material.

C. “Garbage” means all animal and vegetable wastes resulting from processing, handling, preparation, cooking, and serving of food or food materials.

D. “Manager” means the Superior Town Manager or his representative.

E. “Manure” means animal excreta, including cleanings from barns, stables, corrals, pens or conveyances used for stabling, transporting, or penning of animals or fowls.

F. “Person” shall include the state, a municipality, district or other political subdivision, a cooperative, institution, corporation, company, firm, partnership or individual.

G. “Refuse” means all putrescible and non-putrescible solid and semisolid wastes, except human excreta, but including garbage, rubbish, ashes, manure, street cleanings, dead animals, abandoned automobiles, and industrial wastes.

H. “Rubbish” means non-putrescible solid wastes, excluding ashes, consisting of both combustible and noncombustible wastes, such as paper, cardboard, waste metal, tin cans, yard and tree clippings, wood, glass, bedding, crockery and similar waste materials.

Sec. 9-1-2 Collection Agency

The Town, or collectors authorized by the town, shall collect all refuse within the town. No person except as provided in this chapter shall collect or gather refuse within the town.

9-1-3 Health and Sanitation 9-1-6 Sec. 9-1-3 Collection Hours, Rules and Regulations

The hours of collection of refuse shall be designated by the manager, All occupants, tenants or owners of properly within the Town shall comply with all rules and regulations established by the manager and approved by the council. It is unlawful to violate any rule or regulation so approved and established by council resolution, violation of any such rule or regulation shall be punishable as provided in Section 9-3-5 of this chapter.

Sec. 9-1-4 Rates, Billing, Enforcement

A. The council shall from time to time fix the rates and classifications for refuse and/or rubbish or other solid waste collection within the Town and shall make such other rules and regulations as may be necessary to properly administer and enforce this chapter. Except as otherwise specifically provided, each residential or commercial owner, tenant or occupant shall pay the established monthly fee for service whether utilized or not. Commercial and residential property owners or occupants may receive a reduced fee, approved by the Town Manager, upon a showing of proof that they have not utilized the service for a period in excess of thirty (30) days due to absence from the community. All rates shall be set by Council resolution.

B. The Town Manager is authorized to establish and implement a process for billing customers for Town services. Billings may be made on a quarterly basis; however, customers may pay the billing in three (3) equal installments without penalty. In such cases, a handling fee may be added in the next quarter’s billing.

C. All billings are payable within twenty (20) days of billing. A penalty of ten (10%) percent of the unpaid amount shall be added to all accounts where payment is not received within thirty (30) days of billing.

D. The Town may combine in one billing charges for sewer and garbage collection and enforce the payment of each in any manner authorized by this Code or State law.

Sec. 9-1-5 Payment of Fees, Collection Process, Notice of Violation

A. Billing for fees for collection services may be made on a quarterly basis in advance on residential properties, or as otherwise approved by the Manager. Payment of the fee must be made within thirty (30) days of billing. The success of any collection process approved by the town depends upon proper participation of all commercial and residential property owners or occupants. Therefore, the payment of the fee approved by the town shall be considered part of that participation. Failure to pay the approved rates for collection within the time periods required, and after written notice is provided the owner or occupant and placed on the property, shall be considered a violation of Section 9-1-4 of this chapter and punishable as provided in Section 9-3-5.

Sec. 9-1-6 Responsibility Maintaining Premises

A. The owner, agent or the occupant of any premises, business establishment or industry shall be responsible for the sanitary condition of said premises, business establishment, or industry. No person shall place, deposit, or accumulate or allow to be placed, deposited or accumulated on any premises or on any public Street, road, or alley any refuse or other objectionable waste, except in a manner described in this chapter for storage and collection.

B. The owner, agent, and the occupant of any premises, business establishment, or industry shall be responsible for the storage and disposal of all refuse accumulated by a method or methods described in this chapter.

C. The collection and disposal of all refuse not acceptable for collection by an authorized collection agency is the responsibility of each occupant, business, establishment or industry where such refuse accumulates, and all such refuse shall be stored, collected, and disposed of in a manner approved by the town, and in compliance with all applicable laws, rules and regulations.

D. All dangerous materials and substances shall, where necessary, be rendered harmless prior to collection and disposal.

E. All refuse disposals shall be at a facility approved for such disposal by the County and State.

Sec. 9-1-7 Storage

A. All refuse shall be stored in accordance with the requirements of this chapter. The owner, agent, or occupant of every dwelling, business establishment, or other premise where refuse accumulates shall utilize a sufficient number of suitable and approved containers for receiving and storing of refuse, and shall keep all refuse therein, except as otherwise authorized by this chapter.

B. Garbage shall be stored in durable, rust resistant, nonabsorbent, watertight, and easily cleanable containers, with close fitting covers and having adequate handles or bails to facilitate handling. The size of the container shall be determined by the manager and at least one such container may be provided by the authorized collection agency or the town. If a container is provided by the collection agency, said containers shall be utilized by the owner or occupant of the property.

C. Bulky rubbish and brush refuse such as tree trimmings, newspapers, weeds, and large cardboard boxes shall be handled as directed by the manager. Where garbage is not separated from rubbish, all containers for storage of mixed rubbish and garbage shall meet the requirements specified in subsection (B) of this section.

D. Containers for the storage of refuse shall be maintained in such a manner as to prevent the creation of a nuisance or a menace to public health. Containers that are broken or otherwise fail to meet the requirements of the rules shall be replaced.

E. Manure and droppings shall be removed from pens, stables, yards, cages, conveyance, and other enclosures as often as necessary prevent a health hazard or the creation of a nuisance. All material removed shall be handled and stored in a manner that will maintain the premises nuisance free. A health hazard and a nuisance shall be presumed if the odor is detected beyond the boundaries of the property.

Sec. 9-1-8 Frequency of Collection

A. The frequency of collection of refuse shall be in accordance with rules of the town, but not less than that shown in the following schedule.

1. Residential - twice weekly.
2. Commercial - two to five times per week

B. It shall be unlawful and a class 2 misdemeanor for any person to place, deposit, accumulate or store on any premises or on any public street, road, or alley any refuse or other objectionable waste, except in a manner described in this chapter for storage and collection.

C. Failure to maintain premises free of refuse shall be presumed if refuse, garbage or rubbish is kept, placed, deposited, stored or accumulated on a person’s premises for a period longer than seven (7) days after written notice of a violation and request to abate is given to the occupant or is mailed to the owner at the address to which the County tax notice is mailed. Said presumption shall run against the owner, occupant, leaser and any other person found to be in control of, or having a right to control, the premises.

Sec. 9-1-9 Place of Collection

A. All refuse shall be properly placed on the premises for convenient collection as designated by the manager and the collection agency.

B. Where alleys are provided and accessible, collection may be made on the alley side of the premises.

Sec. 9-1-10 Vehicles Used for Collection

A. Vehicles used for collection and transportation of garbage, or refuse containing garbage, shall have covered, watertight, metal bodies of easily cleanable construction, shall be cleaned frequently to prevent a nuisance or insect breeding, and shall be maintained in good repair.

B. Vehicles used for collection and transportation of refuse shall be loaded and moved in such a manner that the contents, including ashes, will not fall, leak or spill there from. Where spillage does occur, it shall be picked up immediately by the collector and returned to the vehicle or container.

C. Vehicles used for collection and transportation of rubbish or manure shall be of such construction as to prevent leakage or spillage, and shall provide a cover to prevent blowing of materials or creating a nuisance.

Sec. 9-1-11 Disposal – General Responsibility

All refuse, rubbish, garbage or other objectionable waste must be removed from any premises within ten

(10) days of same being deposited, placed or accumulated on said premises. Disposal shall be made to a disposal site and/or sanitary landfill approved by the Arizona Department of Environmental Quality or successor agency. The owner, occupant or leaser of any premises shall be jointly and severally responsible for such disposal, and can comply with such obligation by preparing and storing same for collection by an approved collection agency as provided in this chapter.

ARTICLE 9-2 PREPARATION OF REFUSE FQR COLLECTION

9-2-1 Preparation of Refuse for Collection 9-2-2 Location for Pick Up 9-2-3 Lids and Covers 9-2-4 Use of Containers 9-2-5 Unlawful Storage or Collection - Penalty

Sec. 9-2-1 Preparation of Refuse for Collection

All refuse shall be prepared for collection or disposed of as follows:

A. Refuse: The residential customer shall utilize containers provided by the collection agency or the Town for the accumulation, storage, and collection of all garbage. Such containers shall be tightly covered and be of rust-resistant metal or plastic and shall have handles on the outside. The maximum capacity of each container shall not exceed one hundred (100) gallons. Such containers shall be kept in good repair and in a sanitary condition. Containers found to be no longer serviceable through disrepair or maintained in an unsanitary condition may be condemned by the Town for further use. Legal notice of such condemnation shall consist of a label or tag affixed to the container. Receptacles not placed in satisfactory condition or replaced within fifteen (15) days of said notice may be removed and destroyed by the Town.

B. Brush or Tree Trimmings: Brush or tree trimmings shall be cut into such a size not more than four (4) feet in length that one person can readily load the individual pieces into a truck or chipper and shall be piled in neat order with all long branches parallel to one another and shall have all metal or foreign materials removed to facilitate chipping. When possible, brush and trimmings shall be stored in the containers provided for collection.

C. Bulk Rubbish - Vehicles and Junk: The collection agency may collect discarded small appliances and similar items from dwelling premises that one (1) person can readily lift into a truck. The customer shall remove or cause to be removed all other appliances, abandoned and junk vehicles as defined in this chapter or other large metal items weighing more than seventy (70) pounds whether classed as refuse or rubbish from their premises or property within the Town. The manager and collection agency shall provide information where the resident can dispose or recycle items. The authorized collection agency may charge a fee approved by the manager for collection and disposal of such large items.

D. Building Materials: All owners, contractors and builders of structures shall, upon the completion of any structure, gather up and haul away, at their sole cost and expense, all refuse of every nature, description or kind which has resulted from the building of such structure including all lumber scraps, shingles, plaster, brick, stone, concrete and other building materials and shall place the lot and all nearby premises utilized in such construction in a sightly condition.. Residential customers may dispose of small amounts of building materials from time to time, providing the building materials are placed in a container as described above and contain no concrete, masonry or soil.

E. By-products: Any commercial or manufacturing establishment which by the nature of its operations creates an unusual amount of by-product refuse may be required by the town to dispose of its own refuse or waste as opposed to having the town or collection agency provide the service.

F. Hazardous or Dangerous Waste: Only fully approved agencies may collect hazardous or dangerous waste, refuse or materials. Any such refuse or materials must be disposed of by the owner or occupant of the premises in compliance with all local, state and federal laws or regulations.

G. Soil and Concrete: Waste soil, concrete, masonry blocks, sod and rocks shall be disposed of in a lawful manner by the owner, tenant or occupant of the premises.

H. Recycling Programs: The foregoing provisions notwithstanding, the town may commence a recycling program which will require sorting of refuse into types of materials. All owners or occupants of property within the town shall comply with all rules, regulations and sorting requirements of any such program.

I. Tires - Batteries: Discarded or unused tires or batteries shall not be stored or collected on any premises unless otherwise authorized by law on commercial premises, which are licensed for retail sale or trade of such items. All owners, occupants or tenants shall dispose of tires or batteries in a manner allowed by federal, state and local law within ten (10) days of the date they are first placed on the premises.

Sec. 9-2-2 Location for Pick-up

All refuse shall be prepared for collection in the proper manner and placed in the location designated for collection by the manager and collection agency. All containers of garbage, refuse, brush refuse and rubbish shall be so located as to not block the street, alley, sidewalk or gutter, or otherwise be a hazard to pedestrian or vehicular traffic, Garbage and refuse shall be placed in the designated area only on the day of collection no more than eight (8) hours prior to collection.

Sec. 9-2-3 Lids and Covers

The lids or covers of all containers shall at all times be kept secure so that flies and other insects may not have access to the contents and shall only be removed while the containers and receptacles are being filled, emptied or cleaned.

Sec. 9-2-4 Use of Containers

It is unlawful for any person to deposit or cause to be deposited any refuse in any container that he does not own or is not entitled to use as a tenant or occupant.

Sec. 9-2-5 Unlawful Storage or Collection - Penalty

A. It is unlawful for any person, owner or occupant to collect, store or fail to dispose of any refuse, junk, appliance or other materials a required in this chapter or applicable rules or regulations or to maintain or keep any premises in violation of the provisions of this chapter.

B. Unlawful storage, collection or disposal of refuse is a class (2) misdemeanor; It shall be a separate offense for each and every day or portion thereof such violation continues.

1. Upon conviction for a violation of any provision of this chapter, and as a condition of probation, the Court is authorized to order restitution to the Town for all costs or expenses incurred to abate the violation.

Article 9-3 OTHER METHODS OF GARBAGE AND TRASH REMOVAL

Section 9-3-1 Hauling Refuse Section 9-3-2 Vehicles and Receptacles to be Spill Proof Section 9-3-3 Spilled Refuse Section 9-3-4 Dumping Refuse Section 9-3-5 Violations - Penalty

Sec. 9-3-1 Hauling Refuse

It is unlawful for any person to haul or cause to be hauled any refuse on or along any public street, avenue, or alley in the Town, in violation of any provision of this chapter.

Sec. 9-3-2 Vehicles and Receptacles to be Spill Proof

It is unlawful for any person to haul or cause to be hauled on or along any public street in the Town any garbage, unless such garbage is contained within a strong watertight vehicle or within a watertight receptacle constructed to prevent any such garbage from falling, leaking, or spilling and any odor from escaping.

Sec. 9-3-3 Spilled Refuse

Any person hauling any refuse along the streets of the Town shall immediately replace, in the conveyance used for such hauling, any refuse which may fall upon any street.

Sec. 9-3-4 Dumping Refuse

It is unlawful for any person to place or cause to be placed any refuse upon any public or private property within the Town, except as specifically permitted in this chapter.

Sec. 9-3-5 Violations - Penalty

It shall be a class (2) misdemeanor to willfully or intentionally violate, or fail to comply with any provisions of articles 9-1, 9-2, or 9-3 of the chapter. Each day a violation continues shall be a separate offense.

Article 9-4 PROPERTY MAINTENANCE AND PUBLIC NUISANCES Section 9-4-1 Definitions Section 9-4-2 Property Maintenance Code Section 9-4-3 Litter, Dilapidated Structures, Abandoned or Junk Vehicles Section 9-4-4 Owner and Occupant to Maintain Premises Section 9-4-5 Unsanitary or Unsafe Conditions - Emergency Measures Section 9-4-6 Emergency Action to Relieve Threat of Imminent Hazard Section 9-4-7 Declaration of Public Nuisances Section 9-4-8 Restrictions Section 9-4-9 Security for Vacant Buildings Section 9-4-10 Requirement for the Security of Vacant Buildings Section 9-4-11 Authority To Inspect Section 9-4-12 Failure To Produce Evidence of Identity Section 9-4-13 Commencement of an Action Section 9-4-14 Remedies Not Exclusive Section 9-4-15 Defendants and Responsible Parties Section 9-4-16 Civil Violations and Citations Section 9-4-17 Civil Penalties Section 9-4-18 Each Day Separate Violation Section 9-4-19 Habitual Offender Section 9-4-20 Petition for Judicial Abatement Section 9-4-21 Recovery of Town Cost For Correction of Violation Section 9-4-22 Administrative Procedure to Abate Public Nuisances Section 9-4-23 Notice to Abate Section 9-4-24 Service of Notice Section 9-4-25 Administrative Appeal Section 9-4-26 Lien for Removal; Assessment Procedure Section 9-4-27 Removal by Town Section 9-4-28 Assessments; How Paid; Accrual Section 9-4-29 Emergency Abatement Section 9-4-30 Limitation of Liability Section 9-4-31 Violations - Penalties

Section 9-4-1 Definitions

In this Article, unless the context otherwise requires:

A. Abandoned or Junk Vehicle: Means a vehicle or any major portion thereof, which is incapable of movement under its own power and will remain so without repair and/or reconstruction. It shall also mean a vehicle being repaired when such repairs take in excess of thirty (30) days. It shall be presumed the vehicle or part thereof is “abandoned” or is a “junk vehicle” if any of the following conditions exist for more than three (3) consecutive days:

1. The vehicle cannot be started with its own battery, or
2. The vehicle is on blocks or similar devices, or
3. The vehicle has a deflated tire or tires, or
4. A wheel or tire has been removed on the vehicle, and
5. The vehicle does not have a current, fully paid registration from the State of Arizona; or
6. It is a partially or wholly dismantled vehicle.

B. Authorized Private Receptacle: A litter storage and collection receptacle as required and authorized in this Chapter.

C. Dilapidated Structure: Is a structure which has been reduced to, or fallen into, partial ruin or decay from fire, weather, age, wear, misuse or neglect. Dilapidated structure shall include any building or structure which has any, or all, of the conditions or defects hereinafter described, provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants are, or may be, endangered:

1. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location.
2. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.
1. Whenever the building or structure, or any portion thereof, because of (i) dilapidation, deterioration, or decay; (ii) faulty construction; (iii) the removal, movement or instability of any
2. building; (iv) the deterioration, decay or inadequacy of its foundations; or (v) any other cause, is likely to partially or completely collapse, or has so collapsed.
3. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base.
4. Whenever the building or structure has been so damaged by fire, wind, age, wear, lack of maintenance, earthquake or flood, or has become so dilapidated or deteriorated as to become

(i) an attractive nuisance to children; (ii) a harbor for vagrants, criminal or immoral persons; or as to (iii) enable persons to resort thereto for the purpose of committing unlawful or immoral acts; (iv) a site for the infestation of insects, rodents or other pests.

1. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the County Health Officer to be unsanitary, unfit for human habitation or in such a condition that it may cause sickness or disease.
2. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive condition, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the Fire Chief to be a fire hazard.
3. Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or equity jurisprudence.
4. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six (6) months so as to make such building or structure, or portion thereof, an attractive nuisance or hazard to the public.

D. Enforcement Agent: The Code Enforcement Officer, Building Official, Police Officers, Fire Marshal, the Town Attorney, or any other person duly authorized by the Town, shall have the authority to issue and enforce warnings and citations pursuant to this Article.

E. Garbage: An accumulation of spoiled or discarded animal or vegetable material resulting from the handling, preparation, cooking, or consumption of food for humans or animals, as well as other organic waste material subject to rapid decomposition.

F. Graffiti: An inscription or drawing carved or drawn on a stationary structure so as to be discernible from the public right-of-way and which degrades the beauty, appearance or value of property.

G. Hazard: A condition that may cause physical harm or injury to person or property.

H. Imminent Hazard: A condition that presents an immediate likelihood for causing physical harm or injury to person or property.

I. Improved property: Land on which buildings or other structures are located.

J. Infestation: The apparent presence of insects, rodents or other pests.

K. Junk: Items that in their present State are of little or no apparent `economic value that are not confined within an industrial area zoned and approved as a junk or salvage yard in compliance with the Superior Zoning Code, such as an accumulation of the following materials: discarded or scrapped furniture; glass, metal, paper, or machinery parts; vehicles or vehicle parts, inoperative machinery or appliances, building materials wastes; litter; discarded or empty containers. Junk shall also include all types of litter or solid waste described in the Superior Town Code.

L. Land: All land in the Town of Superior whether improved or unimproved.

M. Litter: Means any rubbish, trash, weeds, filth and debris which shall constitute a hazard to public health and safety, and shall include all putrescible and nonputrescible solid wastes including garbage, trash, ashes, street cleaning, dead animals, abandoned or junk vehicles or appliances, and industrial waste; any deposit, accumulation, pile, or heap of brush, grass, debris, weeds, cans, cloth, paper, wood, rubbish or other unsightly or unsanitary matter of any kind whatsoever. The term “litter” shall also include any growth of weeds, brush, grass, or other vegetable growth of a height and condition which causes a high risk of fire or a breeding place for rodents or other unhealthy or unsanitary animals.

N. Notice to Abate: A notice issued to a property owner or occupant concerning violation of this Article requiring corrective action.

O. Occupants: The person occupying or having physical or legal custody of a structure or premises as a lessee or otherwise.

P. Owner: The person indicated on the records of the Pinal County Assessor, or other official body, as the owner of record of the property in question.

Q. Person: A human being, enterprise, corporation, association, partnership, firm or society.

R. Plant Growth: Vegetation, whether living or dead, such as grass, weeds, vines, bushes, cactus or trees.

S. Polluted: A condition that exists in water and is characterized by bacterial growth, algae, insect infestation, the remains of litter, debris, garbage, or any other foreign matter which because of its nature or location, constitutes an unhealthy, unsafe, or unsightly condition.

T. Private Premises: Means any lot, property, dwelling, house, building, or other structure, designed or used either wholly or in part for private residential or commercial purposes, whether inhabited or, temporarily or continuously, uninhabited or vacant, and shall include any lot, yard, grounds, walk, driveway, porch, steps or vestibules belonging or appurtenant to such dwelling, house, building or other structures.

U. Property: Includes buildings, grounds, lots and tracts of land.

V. Public Place: Means any and all streets, sidewalks, boulevards, alleys, or other public ways, and any and all public parks, squares, spaces, grounds and buildings.

W. Responsible Party: The owner and/or occupant of a building, structure or property shall jointly and severally be the responsible party for purposes of this Article. X Stored: Parking, leaving, locating, keeping, maintaining, depositing, remaining, or being physically present on private property.

Y. Street or Highway: The entire width between the boundary lines of every way publicly owned or maintained when any part thereof is open to the use of the public for purposes of vehicular traffic.

Z. Structures: Includes buildings improvements and other structures that are constructed or placed on land. AA. Unsafe Conditions: All unsafe conditions are declared to be prohibited and a public nuisance and shall be corrected, abated or removed by an appropriate method in accordance with the procedure specified in this Article or as otherwise provided by law. Unsafe conditions as used in this Article shall include, but shall not be limited to, any unguarded well, cesspool, excavation pit or hole which by virtue of abandonment, dilapidation or lack of maintenance is a hazard to the public, and any premises or any portion thereof which, as the result of the accumulation or collection of litter, dilapidated structures or abandoned or junk vehicles as defined herein, is or may be, an attractive nuisance to children or a danger to the life, health, premises, occupants, or safety of the public. BB. Unsafe Buildings: All unsafe buildings, structures or conditions are hereby declared to be prohibited and public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in this Article or as otherwise provided by law. For the purposes of this Code, any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be an unsafe building, provided that such condition or defect exists to the extent that the life, health, premises, or safety of the public or its occupants are, or may be, endangered:

1. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size, or is not so arranged or maintained as to provide safe and adequate means of exit in case of fire or panic.
2. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is materially in excess of the working stress or stresses allowed in the Building Codes for new buildings of similar structure, purpose or location.
3. Whenever any building or portion thereof has racked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction.
4. Whenever, for any reason, the building or structure or any portion thereof, is manifestly unsafe for the purpose for which it is being used.
5. Whenever the building or structure, exclusive of the foundation, shows thirty three (33%) percent or more damage or deterioration of its supporting member or members, or fifty (50%) percent damage or deterioration of its non-supporting members, enclosing or outside walls or coverings.
6. Whenever any building or structure has been constructed, exists or is maintained in violation of any requirement or prohibition applicable to such building or structure provided by the building regulations of this Town, as specified in the Chapter 12, the International Fire Code, the Property Maintenance Code, Zoning Code, or of any law or ordinance of this State or Town relating to the condition, use, location or structure of buildings.
7. Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting part, member or portion materially less, or in any supporting part, member or portion materially less, of the strength, fire resisting qualities or characteristics, or weather resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location.
8. Whenever a building or portion thereof is a dilapidated structure as defined herein.
9. Whenever it has attracted illegal activity.
10. Whenever it is a factor creating a substantial and unreasonable interference with the reasonable and lawful use and enjoyment of other space within the building or of other premises within the neighborhood;

CC. Vacant: A building or structure which has been unoccupied for a period of sixty (60) days or longer during which the building or a portion thereof is not legally occupied. Under the provision of this ordinance enforcement action may proceed without regard to a period of vacancy whenever any unoccupied building attracts criminal activity, is a health risk because of trash disposal or other condition, is dilapidated, or is an unsafe building. DD. Vehicle: Every device by which any person or property is or may be transported or drawn upon a street or highway, excepting devices moved by human power or used exclusively upon stationary rails or tracts. Campers, trailers and boats shall be included in this definition. EE. Weeds or Grass: Johnson grass, Bermuda grass, Rye grass, White horse nettle, any type of plant growth defined as a noxious weed by State law regardless of whether a particular property owner or occupant who is the subject of enforcement action under this Code regards the growth as desirable, and any other similar species or subspecies of weeds or grass of any kind.